By ERICA MELTZER
Arizona Daily Star
Monday, October 15, 2007
Attorneys are putting new scrutiny on a practice that has become common among law enforcement in the West-- having officers, not medical personnel, draw blood with syringes in suspected drunken driving cases.
That comes after a man developed a persistent infection at the site of a blood draw administered by a Pima County sheriff's deputy. He has filed what is believed to be the first claim in Arizona against the practice, which could put local taxpayers on the hook for any damages.
Arizona law requires that drunken driving suspects submit to a test or lose their license for a year and it's the officer's choice, not the driver's, whether to use a breath or a blood test.
Law enforcement agencies say having officers do blood draws themselves is quicker and more convenient than going to a hospital and more accurate than a breath test.
The Pima County Sheriff's Department has relied exclusively on deputy-administered blood draws for years.
But defense attorneys have zeroed in on the practice, arguing police officers do not receive adequate training to do the blood draws, don't have the health and safety of suspects as their top priority and put suspects at unnecessary risk.
They have succeeded in getting blood evidence tossed out of court and charges against their clients dismissed based on the fact that it was a law enforcement officer, not medical personnel, who took the sample.
Now the man who believes his persistent infections was caused by an officer-administered blood draw has filed a claim against Pima County and the Pima County Sheriff's Department. A claim is the first step in a lawsuit.
"I think most of the public does not realize that law enforcement personnel are doing the draws," said Michael Bloom, an attorney in the case.
He said the practice raises several concerns, including that "the officer is not there in a medical capacity, he is there in a law enforcement capacity. He is not there to safeguard the health and safety of the suspect."
According to the claim, James Green, a 31-year-old test pilot, was stopped by a sheriff's deputy March 27 and arrested on suspicion of driving under the influence. After being told his driver's license would be suspended for 12 months if he did not consent to a blood test, he agreed to allow the draw.
Even though they were within walking distance of Northwest Medical Center, the deputy performed the blood draw in the back seat of his squad car. It took two tries to get a sample.
The claim says Green's arm became swollen and very red around the site of the blood draw within a few hours. Five months later, he had undergone several rounds of treatment with antibiotics and still had the infection. The claim says Green can work only intermittently because of the infection and may face long-term health consequences.
James Charnesky, Green's lawyer in his criminal case, is working with Bloom on the civil case. He succeeded in getting charges dropped after arguing that the way the blood was drawn violated Green's due-process rights. Even though Green is seeking $500,000 in damages, Charnesky said the motivation behind the lawsuit is to change the practice.
Charnesky, who specializes in DUI cases, said the practice started in Arizona but now is spreading to some counties in Utah and Texas.
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