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Chain of Custody For Blood Samples In DWI Cases



Chain of Custody for Blood Samples

In order for a DUI blood test result to have any evidentiary value in court, a proper chain of custody must be kept.  The prosecution must lay a proper foundation in order to admit blood test results in court.  For a sample to be admissible, the prosecution bears the burden of establishing:

Any time the blood sample changes hands, a document must be signed and dated, with the time of receipt acknowledged.  This is to ensure that someone is responsible for the sample at all times, to prevent any chances of tampering with the evidence.  Some state statutes specify where the blood sample is to be kept and stored during transport, as well as the timing requirements.  If a sample does not comply with the statute’s procedures, the judge may determine the BAC results to be inadmissible.  Additionally, the prosecutor may even decide to dismiss the case.

If you have been arrested for DUI and were subjected to a blood draw, contact an experienced DUI defense attorney in your state.  Failure of the police to follow proper procedures may entitle you to suppression of your BAC results and help in plea negotiations.

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