For DUI blood test results to have any evidence value in court. To clarify and completely understand, prosecutors should follow the chain of custody.
How the Prosecution Lays Out the Chain of Custody (DUI blood test)
The prosecution must lay a proper foundation in order to admit the DUI blood test results in court. For a sample to be admissible, the prosecution bears the burden of establishing:
- Person who drew the blood
- Person who drew the blood was qualified to do so
- Time and location the sample taken
- Circumstances under which the sample obtained
- Laboratory technician who analyzed the sample
- Qualifications of the lab technician
- Sample accounted for the entire duration of testing
- Including the proper calibration and maintenance of the testing instruments.
- Testing method established and commonly accepted in the field.
- During transport the sample properly preserved and stored, prior to testing.
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 sample at all times, to prevent chances of tampering with evidence. Some state statutes specify where blood sample is kept and stored during transport, as well as the timing requirements. If a sample doesn't comply with statute's procedures, the Judge may determine the BAC (Blood Alcohol Content) results inadmissible. Additionally, the prosecutor may even decide to dismiss the case.
Once arrested for DUI and subjected to blood draw, contact a DUI defense attorney in your state, city, or county. Failure of police to follow proper procedures may entitle you to suppression of BAC results and help in plea negotiations.
Trial DUI Evidence and the Objections its Affect - It is important to understand what the trial DUI evidence and the appropriate objections has on a trial. The following outlines how the trial DUI is evidence is applied and how objections are noted.
Implied Consent DUI Law Penalties - Implied consent DUI law say that you must consent to a chemical test or risk losing your license if an officer suspects you of driving under the influence.
Forced Blood Draw Search Warrant in DUI Cases - DUI law in some states allows a search warrant to be issued for a forced blood draw if you fail to voluntarily submit to a blood or breath test.