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Robert Randall Krause, Appellant v. the State of Texas

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Keller, P.J., delivered the opinion of the Court in which Johnson, Keasler, Hervey, Cochran and Alcala, JJ., joined. Johnson, J., filed a concurring opinion. Alcala, J., filed a concurring opinion. Price, J., filed a dissenting opinion in which Womack, J., joined. Meyers, J., did not participate.

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 specimens in driving-while-intoxicated cases. After reviewing Lopez’s job duties, we hold that she was not “emergency medical services personnel” and that she was a “qualified technician” within the meaning of the statute. We reverse the judgment of the court of appeals.

I. BACKGROUND

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