Why draw blood?
For years, defense attorneys in Idaho and many other states had advised clients to refuse breath tests, says Ada County Deputy Prosecutor Christine Starr said. When the state toughened the penalties for refusing the tests a few years back, the problem decreased, she added, but refusal of breath tests is still the chief cause of drunk driving trials in the Boise region. Idaho had a 20 percent breath test refusal rate in 2005, roughly comparable with the 22 percent national average, according to an NHTSA study. Training questions Defense lawyers often raise questions about proper training, sanitary conditions, and reliability of evidence, among others. “I would imagine that a lot of people would be wary of having their blood drawn by an officer on the hood of their police vehicle,” says Steve Oberman, chair of the National Association of Criminal Defense Lawyers’ DUI Committee. Nicole Watson, the College of Western Idaho phlebotomy instructor teaching the Idaho officers., points out that
