Blood Draws

An increasingly common practice with the various police departments of Oakland County is to perform a blood draw in operating while intoxicated cases.  The process behind this is quite simple, the officers are provided with a kit that includes an iodine swab and two vacuum sealed tubes.  Whomever is drawing the blood, whether it is an EMT, a nurse, a phlebotomist, or doctor, takes their own needle and draws two vials of blood.  The full blood tubes are then placed back in the kit and the kit is then mailed to the Michigan State Lab for testing.

Drunk driving blood draws in Oakland County are done either at the hospital, or in more and more cases, at the police station.  In one particular trial, Amberg & Amberg trial attorney Jim Amberg's cross examination of the officers in reference to a blood draw performed in the break room of the police station caused the Michigan State Police to completely change their procedures when it comes to the drawing of the blood.

Although there are laws that discuss who can conduct a blood draw, the Michigan Appellate Courts have not surprisingly gutted any benefit to the accused in situations where somebody not certified is drawing blood.  Additionally, the appellate courts have found that these draws can take place in police stations and even in the back of the EMT vehicles.