Why DUI Blood Sample Handling Gets Reviewed
A blood test can look precise on paper. Yet the result depends on everything that happened to the sample before testing. DUI blood sample handling covers who drew the blood, how they labeled and stored it and how it reached the laboratory.
Lawyers call that record the chain of custody. Because every handoff can matter, each person who touched the sample should appear in it.
Who May Draw Blood
California limits who may draw blood for an alcohol test. Vehicle Code section 23158 lists licensed physicians, registered nurses, licensed vocational nurses, certain laboratory scientists and certified phlebotomy technicians, among others. A certified paramedic may draw blood at an officer’s request only with employer authorization.
So one early question is who performed the draw. Also, the report or lab paperwork should name that person.
Steps in DUI Blood Sample Handling
After the draw, the sample moves through several hands. Then each step can leave a record.
- Labeling the tube with name, date and time
- Sealing and storing the sample
- Transporting it to the laboratory
- Logging it in at the lab
- Testing and reporting the result
A gap in that chain does not automatically defeat a result. However, it gives a lawyer something to ask about.
Timing and Reporting
Vehicle Code section 23612 says the officer must forward blood or urine results to the forensic laboratory immediately. The lab then forwards results to the DMV within 15 calendar days of the arrest.
Delays in storage or testing can raise separate questions. For example, an expert may explain whether a delay mattered for a specific sample.
Getting the Records
After the prosecutor files a case, a lawyer requests the lab file in discovery. That file often includes the chain of custody form, the test method and quality control data. The article on DUI criminal discovery explains that process.
Section 23158 also says full information about a test taken at an officer’s direction must be available to the person or the person’s lawyer on request.
Independent Testing
Some blood samples remain available for a second analysis. The guide on DUI blood retest requests covers that option. A forensic reviewer can also look at the paperwork, which the article on DUI forensic expert reviews describes.
DUI blood sample handling questions are technical. Still, the records behind them are ordinary documents that anyone can read with care. Start there before drawing any conclusion about DUI blood sample handling in a specific case.