State v. Adams

2022 NMSC 008, 503 P.3d 1130
CourtNew Mexico Supreme Court
DecidedDecember 16, 2021
StatusPublished
Cited by17 cases

This text of 2022 NMSC 008 (State v. Adams) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Adams, 2022 NMSC 008, 503 P.3d 1130 (N.M. 2021).

Opinion

Office of the Director New Mexico 07:44:20 2022.02.23 Compilation '00'07- Commission

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Opinion Number: 2022-NMSC-008

Filing Date: December 16, 2021

No. S-1-SC-37722

STATE OF NEW MEXICO,

Plaintiff-Respondent,

v.

BRIAN ADAMS,

Defendant-Petitioner.

ORIGINAL PROCEEDING ON CERTIORARI Daylene Marsh, District Judge

Released for Publication March 1, 2022.

Bennett J. Baur, Chief Public Defender Caitlin C.M. Smith, Assistant Appellate Defender John Charles Bennett, Assistant Appellate Defender Santa Fe, NM

for Petitioner

Hector H. Balderas, Attorney General John Kloss, Assistant Attorney General Santa Fe, NM

for Respondent

OPINION

VIGIL, Chief Justice.

{1} This case is one of six cases arising under very similar fact patterns. 1 In each case, an “emergency department technician,” also licensed as an emergency medical technician (EMT), performed a blood draw test at San Juan Regional Medical Center in Farmington for the purpose of a DWI investigation. The defendants in these cases

1The remaining five cases have been held in abeyance pending the outcome of this case. State v. Garcia, S-1-SC-37719; State v. Riley, S-1-SC-37721; State v. Talk, S-1-SC-37727; State v. Harrison, S-1- SC-37774; State v. Jaramillo, S-1-SC-37775. argue that “emergency department technicians” are not qualified to draw blood under the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 2019). Thus, this case presents an issue of statutory construction. Specifically, whether an emergency department technician, licensed as an EMT, with training and experience in drawing blood is authorized to perform legal blood draw tests as a “laboratory technician” under NMSA 1978, Section 66-8-103 (1978), which states, “[o]nly a physician, licensed professional or practical nurse or laboratory technician or technologist employed by a hospital or physician shall withdraw blood from any person in the performance of a blood-alcohol test.” 2 As explained herein, we conclude that such medical professionals are qualified to draw blood under the statute so long as they were employed to do so by a hospital or physician and have adequate training and experience.

I. BACKGROUND

{2} After receiving a report of a drunk driver, a Farmington police officer was dispatched to a local gas station. Upon arriving at the gas station, the police officer found Defendant inflating his car tires. The officer noticed that Defendant’s legs were shaking, his eyes were bloodshot, and his speech was slurred. The officer conducted a number of field sobriety tests with Defendant. In performing the tests, Defendant failed to follow directions, swayed back and forth, and struggled to maintain balance. Defendant told the officer that he drank whiskey and took Xanax and Suboxone pills earlier that day.

{3} The officer arrested Defendant for DWI. Pursuant to the Implied Consent Act, 3 the officer then drove Defendant to the San Juan Regional Medical Center in Farmington for a blood test to determine the drug and alcohol content of Defendant’s blood. When they arrived, the officer unsealed a Scientific Laboratory Division (SLD) blood draw kit in the presence of emergency department technician and licensed EMT Danica Atwood. He then requested that Atwood draw Defendant’s blood using the SLD blood draw kit. An SLD-approved blood draw kit includes

everything that is needed for a blood draw to ensure continuity and standardization, and to avoid compromising the accuracy and integrity of blood samples. [It] contain[s] instructions, paperwork, an iodine cleaning

2The Administrative Code additionally states that “[t]he term laboratory technician shall include phlebotomists.” 7.33.2.15 (A)(1) NMAC. 3The Implied Consent Act states that [a]ny person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act . . . to chemical tests of his breath or blood or both . . . as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of his blood if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug. Section 66-8-107(A). pad, a needle with attached tube, and two gray-topped, sterile vacuum tubes containing sodium fluoride—a white powder preservative.”

State v. Garcia, 2016-NMCA-044, ¶ 4, 370 P.3d 791. Defendant then signed the proper paperwork consenting to the procedure, and Atwood drew two vials of blood. The officer placed the vials into the SLD blood draw kit and sealed it in front of Atwood. The officer then submitted Defendant’s blood samples for testing by the SLD of the New Mexico Department of Health. The test results revealed that Defendant’s blood was negative for alcohol but positive for marijuana-related metabolites, benzodiazepines, and synthetic opioids.

{4} The State charged Defendant with one count of DWI contrary to NMSA 1978, Section 66-8-102 (2016). In magistrate court, Defendant moved to suppress the blood test results on the basis that Atwood was not qualified to draw blood under Section 66- 8-103. The magistrate judge denied Defendant’s motion to suppress. Defendant pleaded no contest, reserving his right to appeal the magistrate court’s decision.

{5} Defendant then appealed to the district court, which held an evidentiary hearing to determine the issue. After the hearing, the district court granted Defendant’s motion to suppress the blood test results because it concluded that Atwood was not qualified to draw blood under the statute. The district court explained that it was bound by the New Mexico Court of Appeals holding in Garcia, 2016-NMCA-044, ¶ 20, “that a person’s ‘license as an EMT does not qualify her to draw blood to determine its alcohol or drug content under the Implied Consent Act.’”

{6} Following the district court’s ruling, the State appealed the issue to the Court of Appeals. The Court of Appeals reversed the district court’s order and held that the blood test should not have been excluded. State v. Adams, 2019-NMCA-043, ¶¶ 1, 29, 447 P.3d 1142. The Court of Appeals explained that Garcia stands for the proposition that an EMT license alone does not qualify an employee like Atwood to draw blood for legal blood tests. Id. ¶ 20. Here, however, the Court of Appeals clarified that Atwood was qualified as a laboratory technician under Section 66-8-103 because she held an EMT license in addition to having experience and training in drawing blood. Id. ¶¶ 21, 29. The Court of Appeals held “that an individual qualifies as a laboratory technician, despite her official title, if she has sufficient skills, training, and experience to assure a hospital or physician that she is qualified to perform blood draws in accordance with approved medical practice.” Id. ¶ 28. Accordingly, the Court of Appeals concluded that even though “Atwood did not have the title ‘laboratory technician,’ or work in a laboratory,” she was a laboratory technician under the statute because of her “assigned duties, skills, training, and experience.” Id. ¶¶ 28, 29

{7} Defendant appealed the Court of Appeals ruling, and we granted certiorari to resolve the issue of which medical professionals qualify to draw blood as a “laboratory technician” under Section 66-8-103.

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2022 NMSC 008, 503 P.3d 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-nm-2021.