Section 90 Examination and Medical History Before Blood Draw

• Library: DWI Experts and the Science of Chemical Tests 2014

Counsel should take a close look at § 577.029, RSMo Supp. 2012, and specifically the following language: “his . . . good faith medical judgment, believes such procedure would endanger the life or health of the person in custody.” This language implies that there needs to be a medical judgment made before the venipuncture. A doctor, nurse, or trained medical technician must first do at least two things before they can give medical judgment:

1. A medical examination

2. A medical history

If these things are not...