Forced Blood Draw? (DUI situation)

[West_Coast_Ken]

i'm in the last semester of my rn program in california and an issue came up at one of our clinical er sites regarding forced blood draws for dui (driving under the influence) and i wanted to get input from other rns regarding their state, hospital and what your laws are regarding such issues.

so, what is the protocol for your hospital regarding forced blood draws (where the person does not consent)? who initiates, who approves, who signs, who does it, under what specific conditions, is it ever allowed, can the rn refuse, etc, etc?

thanks everyone!

ken

[lily_lover]

Interesting posts, everyone.

As I was reading these, I remembered when my aunt was pulled over for a suspected dui. She was driving home after a dance, and the wind was blowing at about 35-45mph. She was driving a big SUV, and was pulled over because she was apparently swerving. She had had one beer all night, and the cop made her "walk the line" in this horrible wind. She's around 5'3" and about 110 pounds, so it was difficult for her to walk a straight line. I think the breathalyzer test was inconclusive, so he wanted a blood draw. She consented to this, so she was taken to a local hospital to get the sample drawn. While there, the nurse made three attempts to draw the blood, and was unsuccessful each time, due to the veins either collapsing or rolling, not sure which. The officer wrote that down as a refusal, and she was charged with a dui and lost her driving privledges for a year! Has anyone ever encountered anything like this? How many times can a person be "stuck" in order to get a blood sample, and how can you make a dui charge stick with no blood evidence? I'd love to hear some opinions on this!

[ILTroop]

Lily:

"How many times can a person be stuck?" The short answer... As many times as is "reasonable and necessary." In this case, I think the medical professional would make that call.

"How can you make the DUI 'stick' without blood evidence?" Falls on the officer's report, additional evidence gathered, the prosecution, and the defendant...

[morte, LPN, LVN]

Lily:

"How many times can a person be stuck?" The short answer... As many times as is "reasonable and necessary." In this case, I think the medical professional would make that call.

"How can you make the DUI 'stick' without blood evidence?" Falls on the officer's report, additional evidence gathered, the prosecution, and the defendant...

in other words, whomever can present the most convincing (you will note i didnt say true) testimony