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The officer did not seek a warrant to conduct the blood test, but asked McNeely for his consent. McNeely was warned by the officer that by refusing a chemical test, his license would be revoked for one year. McNeely continued to refuse, and at 2:35 a.m., the officer proceeded to instruct the lab technician to draw a specimen of blood from McNeely.
The phlebotomist was also accused of mislabeling blood to cover-up mistakes, of reusing the same pipette for both blood and urine samples and of rarely wearing rubber gloves while working. [19] [20] [21] The laboratory conducted an internal review of its phlebotomy practices at its 800 sites across the United States and found no deficiencies. [22]
The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent. Regarding blood tests, some commentators, such as Brown University's ...
At the trial court, Mitchell made a motion to suppress the results of the hospital blood draw on the grounds that it was a warrantless search and thus unconstitutional under the Fourth Amendment. The prosecutor argued that Wisconsin's state laws constitute implied consent to blood draws once someone begins driving a vehicle. [2]
A phlebotomy draw station is a place where blood is drawn from patients for laboratory testing, transfusions, donations, or research purposes. The blood is typically drawn via venipuncture or a finger stick by a healthcare professional such as a phlebotomist , nurse , or medical assistant . [ 21 ]
The Summary. A report from the U.S. surgeon general suggested that labels on alcoholic drinks should warn about cancer risk. Doctors expressed their agreement.
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