EMERGENCY DEPARTMENT POLICY MANUAL
LEGAL BLOOD ALCOHOLS PERTAINING TO DUI’s
(REQUEST AND DRAWING)
Effective Date:
Approved by:
July 2008
Policy #997.0
Richard Mickelson
POLICY STATEMENT
It is Billings Clinic’s (BC) Policy to draw blood for the purpose of determining legal blood alcohol levels
only with the patient’s consent or when otherwise authorized by law. BC is committed to protecting a
patient’s confidential health care information, including blood alcohol test results.
INTENT
It is the intent of this policy to identify when BC may and may not draw a legal blood alcohol at the
request of a law enforcement officer and provide that information to a law enforcement officer.
PROCEDURE
A. Only a physician (MD), registered nurse (RN), or other qualified person acting under the supervision
and direction of a MD, or RN, may draw blood at the request of law enforcement personnel.
B. Document per unit guidelines on the “ED/MD record” and/or the “ED Flow sheet” and on the
“Officer Request for Drawing of Legal Blood Alcohol form for DUI’s.”
C. BC personnel may only draw a legal blood alcohol under the following conditions:
1. At the written request of a law enforcement officer (MCA 61-8-405): BC may administer a
blood alcohol test at the written request and direction of law enforcement officers under the
following circumstances, unless the person refuses to submit to the test:

The law enforcement officer states in writing that the person is under arrest for driving
under the influence of alcohol and/or drugs.

The law enforcement officer states in writing that the person is under age 21 and is
under arrest for driving after drinking.

The law enforcement officer states in writing that he/she has probable cause to
believe the person was driving under the influence of alcohol and/or drugs and the
person has been involved in a motor vehicle accident or collision resulting in property
damage, bodily injury, or death.

If the person is unconscious or otherwise incapable of refusal, BC personnel may
administer the blood alcohol test under this policy.

If the person refuses to submit to the test, BC personnel shall not administer the test.

If the person refuses in the middle of the legal blood alcohol draw, and blood has
already been drawn, send the blood to the laboratory* Do not give to the law
enforcement officer.
2. Search Warrant/Court Order (to be obtained by law enforcement officer).

BC personnel may draw blood at the request of a law enforcement officer if the officer
has a warrant to obtain a blood sample, and the patient consents.

If the patient resists and/or refuses after the search warrant/court order has been
obtained, BC personnel will assist with the blood draw, unless deemed unsafe for
patients and/or staff, by the Emergency Department physician.

If after giving initial consent, the patient resists or refuses at any time while the blood
is being drawn, the blood samples will be sent to the BC laboratory until a court order is
obtained.
3. The law enforcement officer may designate which test or tests are drawn.
Legal Blood Alcohol Draws #997.0
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4. Any person, even if under arrest, may request an independent blood test and the law enforcement
personnel may not impeded the person’s right to an independent blood test or demand to see the
results of that test.
EQUIPMENT
A.
B.
C.
D.
E.
A Legal Blood Alcohol Kit will be provided by investigating Law Enforcement Officer.
Vacutainer blood drawing system, or butterfly and syringe.
Tourniquet.
Castile soap or Surclens (no alcohol swabs are to be used).
Personal Protective Equipment (PPE).
PROCEDURE
A.
B.
C.
D.
E.
F.
G.
H.
I.
Register the patient as an ED patient, for recording purposes only.
Assure that the law enforcement officer requesting the blood draw has filled out the
appropriate request form: “Officer Request for Drawing of Legal Blood Alcohol.”
Identify the patient; assure that the patients consent has been obtained. This is best done by
being in the room when the officer requests the blood draw.
Prep site with non-alcoholic swab (Castile soap or Surclens).
Draw blood using tube(s) (gray top) provided in the legal blood alcohol kit. It is the officer’s
responsibility to have a kit available for use.
Label blood tube(s) with patient’s name. (A label from the ED visit may be used). The injection
port of the blood tube must be sealed provided in the kit. The seal must be signed, timed, and
dated by the MD/RN, or qualified person drawing the blood. If the seal is damaged, or
unusable, place paper tape over the injection port of the blood drawing tube. The tape must
be signed, timed, and dated by the MD/RN, or qualified person drawing the blood.
Place blood tube(s) in the evidence kit, seal kit (may be done by the officer or by MD/RN, or
qualified person drawing blood), and complete paperwork provided in the kit.
The sealed kit and a copy of the signed consent form will go with the investigating officer.
Document on the patient’s “ED/MD record” and/or “ED Flow sheet” the following:
o That patient consented or did not consent to blood draw
o The time, date and site of the blood draw, including nurse signature
o The prep and equipment used
o The name of the officer that received the legal blood alcohol kit
o Complete the “Officer Request for Drawing Legal Blood Alcohol” form and give
duplicate copy to the investigating officer
Legal Blood Alcohol Draws #997.0
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