Rochester snowmobilers are subject to similar laws as car drivers when it comes to drinking and driving.
This means that when a snowmobiler is involved in an accident involving serious injury or death, the snowmobiler may be compelled to take a blood test for alcohol if there is reason to suspect that he or she is intoxicated.
Who can draw the blood of a snowmobiler to perform this test, however, differs from who can draw blood from a car driver.
New York State changed its laws regarding the types of medical personnel who can legally draw blood from a motor vehicle driver because – in some cases – the results of blood tests had been suppressed where the person who withdrew the blood was not legally allowed to do so.
The state has not, however, changed its laws regarding who can withdraw blood for the purposes of conducting a blood alcohol test following a snowmobile accident.
As a result, the list of medical personnel who can legally withdraw blood following a snowmobile accident is a much narrower than for a motor vehicle accident.
A physician, registered professional nurse or registered physician’s assistant may withdraw blood following either a car accident or a snowmobile accident.
A certified nurse practitioner or an advanced emergency medical technician, however, may only legally withdraw blood following a car accident, not a snowmobile accident.
Also, after a car accident there are several other types of medical personnel who can perform a blood draw so long as they are under the supervision of a physician, registered physician assistant or certified nurse practitioner.
Following a snowmobile accident, only a physician can supervise these medical personnel when withdrawing blood for it to be legal.
If you have been arrested for DWI, call us at 585-484-7432, it helps to have an experienced DWI lawyer who understands the laws involved.
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