New York DWI Loophole Closed

Gov. David Paterson signed legislation closing a perceived loophole in New York DWI law. Jack Shea's Law expands the list of personnel authorized to conduct blood draws in suspected cases of driving while intoxicated in New York without a doctor's supervision. Previously only physicians, registered nurses and registered physician's assistants could legally draw blood from a drunk driving suspect without having a doctor present. The new legislation extends that authority to certified nurse practitioners and emergency medical technicians. In addition clinical lab technicians and medical personnel can conduct blood draws in the presence of a doctor, physician's assistant or certified nurse.

Shea's Law is named after Olympic gold medal winner Jack Shea, who was struck and killed by suspected drunk driver Herbert Reynolds in January 2002. Both Shea and Reynolds were taken to a nearby medical center. At the request of police and the permission of Reynolds, a blood sample was drawn. Lab results showed Reynolds blood alcohol content was .15%, well above the legal limit for impairment. That evidence was ruled inadmissible because the blood draw was taken by an unauthorized medical technician without the supervision of a doctor. The New York DWI, vehicular manslaughter charge and other traffic violations against Reynolds were eventually dismissed.

Jack Shea's son, Jim Shea Sr., has spearheaded efforts to amend the law. With the recent signing by the governor, Jim Shea said it has been a "long and frustrating journey".

Jack Shea won two speed-skating gold medals during the 1932 Winter Olympics in Lake Placid, his hometown. He was instrumental in getting the Olympics back to Lake Placid for the 1980 games. His son, Jim Shea, Sr., competed in Nordic skiing at the 1964 Olympics in Innsbruck, Austria. His grandson, Jim Shea, Jr, won a gold medal at the 2002 games in Salt Lake City, just a few weeks after Jack was killed.

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