Peek v. State

I must reject the analysis and holding of the majority. Until now, no case has hamstrung the State by requiring it to prove the qualifications of a phlebotomist in only one of two ways. This case does just that, without justification.

In a DUI case, the State has the burden of proving the qualifications of any person who draws blood at the request of a law enforcement officer.3 The State may meet this burden in at least two ways: (1) call the person who drew the blood to testify about his qualifications;4 or (2) pursuant to OCGA § 40-6-392 (e), introduce a “certificate” from the Secretary of…