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STATE v. BARNICK

Cr. No. 910143.

477 N.W.2d 200 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. Larry Dean BARNICK, Defendant and Appellant.

Supreme Court of North Dakota.

November 12, 1991.

Attorney(s) appearing for the Case

Richard J. Riha (argued), Asst. States Atty., Bismarck, for plaintiff and appellee.

Thomas W. Robb (argued), Bismarck, for defendant and appellant.

MESCHKE, Justice.

We consider whether a self-styled phlebotomist, without any medical credentials or supervision, was a qualified technician to withdraw blood for a test to determine whether a person was driving under the influence of intoxicating liquor (DUI). We conclude that she was not and we reverse the DUI conviction based on the test.

Larry Dean Barnick was stopped for erratic driving on I-94 in eastern Burleigh County on May 25, 1990. He was arrested...

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