Who is responsible for initiating an NTO for arrestee blood samples?

• A. The arrestee
• B. The hospital
• C. The police department
• D. The district attorney's office

Answer: (D)

Initiating an NTO for an arrestee blood sample is a prosecutorial action—the state must obtain a court order to compel a blood draw. The district attorney's office handles presenting the case to the court, showing probable cause and the necessity for the sample, and ensures the request complies with statutory and constitutional safeguards. Once the order is issued, hospital or medical staff carry out the blood draw under the court's directive. The arrestee does not control the process, the hospital doesn’t file the order, and the police department may support or assist but cannot alone initiate the NTO without the DA's filing and court approval.