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Bartel v. State8/27/1985
e test if necessary to get an error-free result. Heuer and Spradlin testified that the hospital routinely followed quality control procedures, preventive maintenance procedures and daily calibration procedures. We find no merit in these contentions.
6. Finally, Bartel argues that the test results were inadmissible because the State failed to show that testing serum rather than whole blood did not affect test results and failed to show that more than one blood sample was tested. On the contrary, Dr. Mueller testified that testing of serum rather than whole blood was not significant because it could account for error of no more than 2-3 percent in test results. Further, he stated that multiple test samples were unnecessary for accurate results. We reject these contentions.
Despite Bartel's vigorous argument as to the significance of the alleged omissions in foundation testimony, Bartel has failed to establish any actual inadequacy in the blood test procedure which affects admissibility of the blood test results. In McAlpine, we found it significant that the appellant had presented no evidence to support his contention that post-mortem blood clotting seriously affected test results. We stated that at most, the appellant had laid a basis for a suggestion that the condition of the victims' blood had changed between the time of death and the time of drawing the blood. We concluded that " uch a suggestion goes to weight, not admissibility." 634 P.2d at 1171, 38 St.Rep. at 1583.
In a similar manner, Bartel has at most laid the basis for a variety of suggestions that Bartel's blood test results were in some manner unreliable. Bartel has cited numerous cases from foreign jurisdictions which he argues establish the inadmissibility of Exhibit X. These cases generally follow the rule established in Lessenhop v. Norton (1967), 261 Iowa 44, 153 N.W.2d 107, which requires that before blood test results may be admitted in evidence, each of 9 specific factual requirements must be satisfied. These requirements include a showing of the time at which the blood was drawn and the identity of the person who drew the blood. 153 N.W.2d at 112.
We do not follow the rule which requires that each of a list of facts be established as foundation for admissibility of blood-alcohol test results. Rather, we follow the McAlpine rule which requires that procedures accord with good practice in the field to assure reliability. Whether procedures accord with good practice in the field is a question to be decided based upon the facts and circumstances of a particular case and the expert testimony received. Having concluded that the record supports a finding that good medical practice as followed in this case, the alleged omissions in foundation raised by Bartel go to the weight of the testimony rather than its admissibility.
We hold that the District Court did not err in admitting into evidence the results of Bartel's blood-alcohol test.
II
Are the District Court's findings of fact number 6 through 8 supported by substantial credible evidence?
Bartel's contention that findings of fact number 7 and 8 are unsupported by substantial credible evidence depends upon the inadmissibility of blood test results and upon Bartel's characterization of other evidence regarding his intoxication and impairment. We have concluded that the evidence of blood test results was properly admitted. We would also conclude there is additional evidence which supports these findings by the District Court.
Gerald Cooper, one of Bartel's drinking companions, could not remember how many drinks Bartel had at any of the bars they visit
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