In The News

Sunday, February 7, 2016

Failure to Follow State Refulations Leads to Blood Test Suppression Thanks to New Mexico Court of Appeals

By Michael Nichols
Categories: Drunk-Driving, OWI

The failure to obtain a warrant lead to suppression of a blood test when the implied consent process was deemed improper in a drunk driving case. The New Mexico Court of Appeals recently upheld a District Court ruling requiring suppression of a blood test result obtained in violation of New Mexico’s Implied Consent Act. Mr. Garcia was placed under arrest for driving while intoxicated after police officers were dispatched to investigate a traffic accident. After his arrest, Mr. Garcia’s blood was drawn by an Emergency Medical Technician (EMT) while he was being treated for injuries sustained as a result of the accident.

The New Mexico Court of Appeals examined whether, under New Mexico’s Implied Consent Act, an EMT is authorized to draw blood for the purpose of determining its alcohol or drug content. The Court’s analysis turned on interpretation of the categories of persons authorized to draw blood under New Mexico’s Implied Consent Act. The Court ultimately concluded that the EMT’s certification did not authorize them to draw blood for the purpose of determining its alcohol or drug content. The Court went on to state that the EMT’s training did not include the protocols for performing blood draws that comply with the Scientific Laboratory Division regulations of the Department of Health under the Implied Consent Act.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.