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Decision Information

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Facts

  • A police officer, responding to a report of a possible drunk driver at a gas station, observed the Defendant exhibiting signs of intoxication. After failing several field sobriety tests and admitting to consuming alcohol and drugs earlier that day, the Defendant was arrested for DWI. At a medical center, an EMT drew the Defendant's blood, which tested negative for alcohol but positive for other substances. The Defendant moved to suppress the blood test results, arguing the EMT was not authorized to perform the draw under the Implied Consent Act (paras 2-3).

Procedural History

  • Magistrate Court: Denied Defendant's motion to suppress the blood test results.
  • District Court: Granted Defendant's motion to suppress, finding the EMT was not authorized under the Implied Consent Act to draw blood (para 6).

Parties' Submissions

  • Plaintiff-Appellant (State): Argued the EMT's additional training and experience qualified her to draw blood under the Implied Consent Act, challenging the district court's interpretation of the law (para 4).
  • Defendant-Appellee: Contended that the EMT did not fit within the statutory categories of persons authorized to draw blood under the Implied Consent Act, relying on State v. Garcia as precedent (para 4).

Legal Issues

  • Whether the district court erred in excluding blood test results on the basis that the EMT was not authorized to draw blood under the Implied Consent Act (para 1).
  • Whether an EMT's additional training and experience can qualify them as a laboratory technician or technologist under the Implied Consent Act (paras 4, 21).

Disposition

  • The Court of Appeals reversed the district court's order excluding the blood test results and remanded for further proceedings (para 34).

Reasons

  • The Court of Appeals, per Vanzi, J., with Hanisee, J., and Medina, J., concurring, held that:
    The State's appeal was proper as the blood test results constituted substantial proof of a material fact in the DWI proceeding (paras 7-13).
    The district court abused its discretion by excluding the blood test results based on a misinterpretation of the law and the qualifications required under the Implied Consent Act (paras 14-15).
    Garcia did not preclude a finding that an EMT with additional training and experience could be authorized to draw blood under the Implied Consent Act. The court distinguished the present case from Garcia based on differences in the EMT's training, experience, and the circumstances of the blood draw (paras 20-23).
    Atwood, the EMT, was qualified as a laboratory technician under the Implied Consent Act due to her training, experience, and the medical center's determination of her competence in drawing blood. This qualification ensured the safety of the subject and the reliability of the sample, aligning with the legislative intent of the Implied Consent Act (paras 24-32).
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