01-1417 State v. Daggett

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“We conclude that the method used to take the blood sample was a reasonable one and was performed in a reasonable manner. At the outset, we reject Daggett’s assertion that blood draws must take place in a hospital setting in order to be constitutionally reasonable. See State v. Sickler, 488 N.W.2d 70 (S.D. 1992) (drawing of blood in county jail setting was constitutionally permissible). Although Schmerber urged caution, it did not categorically reject the possibility that a blood draw could take place in a non-medical setting….Further, the physician used a blood test kit provided by the State Laboratory of Hygiene.

“Additionally, there is no evidence that the physician determined that the blood draw could not be performed consistent with medically accepted procedures. In the absence of evidence to the contrary, it is unreasonable to conclude that a medical professional authorized to draw blood under Wis. Stat. § 343.305(5)(b) would perform his or her duties in a manner that would endanger the health of the blood donor.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist III, Pierce County, Wing, J., Cane, C.J.

Attorneys:

For Appellant: Russell E. Berg, Ellsworth

For Respondent: Julie A. Smith, Menomonie