What are legal blood draw procedures, and when are they typically used in New Hampshire?
Legal blood draw procedures vary from state to state, but in New Hampshire, a blood draw may be performed if it is done with an individual’s informed consent. In some cases, a blood draw may be performed without consent if the individual is unconscious and law enforcement has a warrant. Blood draws are typically used in New Hampshire in cases of suspected driving under the influence of alcohol and drugs, for certain medical tests, and in some criminal investigations.
Under what circumstances can law enforcement request a legal blood draw in New Hampshire?
In New Hampshire, law enforcement may request a legal blood draw when a person is suspected of driving while under the influence, if the person has been involved in an accident resulting in death or serious bodily injury, or if the person is incapable of giving consent. Additionally, minors may be subject to a legal blood draw if they are involved in certain criminal matters.
Is a search warrant required for a legal blood draw, or are there exceptions in New Hampshire?
In New Hampshire, a search warrant is generally required for a legal blood draw. However, there are exceptions to this rule, such as in the case of DWI (driving while intoxicated) charges. In such cases, law enforcement officers may be able to take a blood sample from an individual without a warrant.
Are individuals required to give their consent for a legal blood draw in New Hampshire?
Yes, individuals are required to give their consent for a legal blood draw in New Hampshire. In New Hampshire, a blood sample may be taken from a person who is suspected of driving while intoxicated only with his or her consent, or a warrant.
Can legal blood draws be performed at roadside checkpoints in New Hampshire?
No, the New Hampshire Supreme Court ruled in 2018 that police cannot perform blood draws at roadside checkpoints. The court stated that “the procedure of taking a blood sample from a person is a search that requires a warrant absent consent or some recognized exception.”
Who is authorized to perform legal blood draws in New Hampshire?
In New Hampshire, only a licensed physician, registered nurse, medical technologist, or phlebotomist who has been trained in the proper collection techniques is authorized to perform legal blood draws.
What equipment and protocols are used to ensure the accuracy of blood samples in New Hampshire?
In New Hampshire, blood samples must meet the state’s requirements for accuracy, established by the New Hampshire Department of Health and Human Services. To maintain accuracy, laboratories must use Food and Drug Administration (FDA)-approved equipment, such as centrifuges, pipettes and glucose meters. Additionally, laboratories must adhere to the most current protocols outlined by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP). These protocols include quality control measures, such as using proficiency testing to ensure accuracy and proficiency in laboratory methods.
Is there a specific location or facility where legal blood draws take place in New Hampshire?
No, there is no specific location or facility where legal blood draws take place in New Hampshire. Legal blood draws are typically done at hospitals, doctors’ offices, and other medical facilities.
What training and certification are required for those administering legal blood draws in New Hampshire?
In New Hampshire, all individuals who administer legal blood draws must be certified as a Phlebotomy Technician by the New Hampshire Department of Health and Human Services. To obtain this certification, applicants must complete a training program approved by the department, pass a written and practical exam, and pass a criminal background check. Upon successful completion of these requirements, an individual will be issued a license to practice as a Phlebotomy Technician in New Hampshire.
Are there time limits for conducting legal blood draws after a suspected offense in New Hampshire?
Yes. In New Hampshire, a law enforcement officer must obtain a blood sample from a suspected drunk driver within two hours of a suspected offense. The sample must be collected by a trained technician using standard medical practices and in accordance with the forensic laboratory standards outlined by the New Hampshire Department of Safety.
How are blood samples transported and stored to maintain integrity in New Hampshire?
Blood samples in New Hampshire must be transported per the Federal regulations of the Clinical Laboratory Improvement Amendments (CLIA), which requires that all samples are handled and stored under appropriate conditions. Generally, samples must be transported in a secure container, separated from food and other samples to avoid contamination, and protected from temperature extremes and physical shock. All containers used for blood sample transport must be labeled with the patient’s information, the date of collection, and the type of specimen. Samples must also be stored in a secure location at a controlled temperature range. Temperature ranges may vary depending on the type of specimen but for most samples, they should be stored between 2-8°C.
Can individuals request an independent blood sample analysis after a legal blood draw in New Hampshire?
Yes, individuals in New Hampshire can request an independent blood sample analysis after a legal blood draw. This type of analysis is also known as split sample testing. The New Hampshire Department of Health and Human Services recommends that individuals contact a laboratory that specializes in forensic toxicology and request a split sample test.
Are individuals informed of their rights and the consequences of refusing a blood draw in New Hampshire?
Yes. By law, police officers in New Hampshire must inform individuals of their rights before conducting a blood draw and the consequences of refusing a blood draw. Additionally, individuals have the right to seek legal counsel before deciding whether to consent or refuse a blood draw.
What happens if an individual refuses a legal blood draw in New Hampshire?
In New Hampshire, if an individual refuses a legal blood draw, they can face criminal charges that can include fines and jail time. The penalties vary depending on the jurisdiction and the situation. Additionally, a person’s driver’s license may also be suspended for refusing a legal blood draw.
Do legal blood draw procedures differ for individuals under the influence of drugs in New Hampshire?
Yes, legal blood draw procedures do differ for individuals under the influence of drugs in New Hampshire. In accordance with New Hampshire Revised Statutes Annotated (RSA) 265-A:18, law enforcement officers must obtain a search warrant before taking a blood sample from a suspected impaired driver who is under the influence of drugs. If a warrant is obtained, it must be executed within four hours of issuance, and the sample must be drawn by qualified personnel. Additionally, the sample must be tested for the presence of both alcohol and drugs.
Are there penalties for law enforcement officers who fail to follow proper blood draw protocols in New Hampshire?
Yes, there are penalties for law enforcement officers who fail to follow proper blood draw protocols in New Hampshire. If an officer fails to follow the state’s procedures for drawing and handling blood samples, they may be subject to disciplinary action by their local police department or state law enforcement agency. Additionally, an officer may be subject to criminal charges if their failure to follow protocol is deemed to be intentional or reckless.
How are legal blood draw results used in court proceedings in New Hampshire?
In New Hampshire, legal blood draw results can be used as evidence in a criminal trial. Generally, the blood draw results are admitted into evidence if the court finds that the blood draw was conducted in accordance with proper procedures and protocols. Blood draw results may be used to prove intoxication or to refute a defendant’s claim that he or she was not impaired at the time of driving, operating a vessel, or performing other activities. Blood draw results can also be used to disprove a defendant’s claim of self-defense if drug use is detected in the blood sample.
Can individuals challenge the validity or legality of a blood draw in court in New Hampshire?
Yes, individuals can challenge the validity or legality of a blood draw in court in New Hampshire. However, they must prove that the blood draw was conducted unlawfully or without their consent. Individuals can also challenge the reliability of the results of the blood draw, or the manner in which the sample was handled or tested. Legal counsel may be necessary to build a successful case.
Are there resources or organizations that provide information on legal blood draw procedures in New Hampshire?
Yes, there are several resources and organizations available that provide information on legal blood draw procedures in New Hampshire. The American Association of Blood Banks (AABB) is a great resource for information on legal blood draw procedures in New Hampshire. The website includes a list of laws, regulations, and policies related to blood and transfusion medicine in the state. The New Hampshire Medical Society (NHMS) also provides a useful resource that covers the basics of blood draw procedures. Additionally, the New Hampshire Department of Health and Human Services (NHDHHS) has a website with information about legal requirements for blood draw procedures. Lastly, the website of the New Hampshire Bar Association has a section dedicated to public health law, which includes information about the state’s laws relating to blood draws.
What is the process for seeking legal counsel if someone is subjected to a legal blood draw in New Hampshire?
If someone in New Hampshire were subjected to a legal blood draw, they should seek legal counsel as soon as possible. To do so, they should contact a local lawyer or an appropriate legal aid office. A person should be prepared to provide details of the incident, such as where and when it happened and what was said by law enforcement officers. They should also provide any evidence they have that may support their version of events. The lawyer will then review the case and advise the person whether they have any legal recourse or if their rights were violated in any way.