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18 Seton Hall Legis. J. 655 (1993-1994)
DWI Blood Alcohol Testing: Responding to a Proposal Compelling Medical Personnel to Withdraw Blood

handle is hein.journals/sethlegj18 and id is 663 raw text is: DWI BLOOD ALCOHOL TESTING: RESPONDING TO A PROPOSAL COMPELLING MEDICAL PERSONNEL TO WITHDRAW BLOOD E. John Wherry, Jr. * L Introduction After reading with great interest the well-written legislative proposal by Trooper Robert R. Wilk,' I feel compelled to respond negatively to the suggested legislative proposal.2 Trooper Wilk writes from the perspective of an active New Jersey State Trooper associated with the State Police Breath Test Unit.3 His proposal mandates that physicians, nurses and other health care profession- als draw blood at the request of a police officer for use in driving while intoxicated (DWI) investigations.4 If a professional refuses to do so, he or she would be subject to a fine of up to $500 and a term of community service not to exceed ninety days.5 By rejecting Trooper Wilk's proposal, I do not suggest that DWI is not an important concern. Certainly, DWI is a serious prob- * Associate Professor of Law, Widener University School of Law. B.S., Villanova University; J.D., University of Florida. Professor Wherry is a certified civil and crimi- nal attorney, certified by both the NewJersey Supreme Court and The National Board on Trial Advocacy. The author wishes to thank Professor Fletcher N. Baldwin of the University of Florida College of Law for teaching him to think; Professor Gregory Gelfand and Professor Robert Hayman of Widener University School of Law for en- couraging him to write. Without my research assistant, Bonnie-Ann Becky Keagy, I would not have been able to complete this response within the time constraints that were important to both the response and to me. Becky, I owe you one. I Robert R. Wilk, Note, Compelling Medical Personnel to Draw Blood Samples from DWI Suspects, 17 SETON HALL LEGIS. J. 329 (1993). 2 Id. at 358. 3 Id. at 329 n.2. The NewJersey State Police Breath Test Unit is the section of the NewJersey State Police that is responsible for the periodic inspection of all breath test devices in the state and for the training, supervision and accreditation of all breath test device operators. N.J. ADMIN. CODE tit. 13, § 51-1.2 to -1.13 (1993). This author has known and respected Trooper Wilk for fifteen years. The author would not have written this response without Trooper Wilk's consent because of the author's respect for him and his views. Trooper Wilk was provided with each draft of this response to encourage his input because I believe that from scholarly dialogue comes wisdom. Trooper Wilk is a fine police officer. He will be a fine lawyer, but he has formulated his legislative proposal with the myopic view of a policeman. 4 Id. 5 1& 655

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