Krause v. State

in which JOHNSON, KEASLER, HERYEY, COCHRAN and ALCALA, JJ., joined.

After appellant was arrested for driving while intoxicated, his blood was drawn at a hospital by Rachel Lopez. Although Lopez’s job title was “emergency medical technician” and she was licensed as an EMT-I, her primary duty at the hospital was to draw blood in non-emergency situations. The questions in this case are whether, under § 724.017 of the Transportation Code, Lopez was “emergency medical services personnel” and, if so, whether that fact renders her unable to be a “qualified technician” authorized to take blood…