QUESTION
Is there a time limit on how long a police officer keeps your blood sample for a DUI, before he takes the sample to a lab?
Asked on Aug 23rd, 2013 on DUI/DWI - California
More details to this question:
In this case the police officer had the blood sample in his evidence room for 78 days, and he was the only one with a key.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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While there may not be a time limit as such, I have never heard in 30 years of practice of a blood sample being kept that long. Typically it's a matter of a few days at most. Use the delay as the basis for a motion to dismiss the case, since the results are very likely no longer reliable, and the delay makes the whole thing suspect. Have you gotten the discovery materials, showing the chain of custody of the sample? That should be part of your motion as an exhibit. If you do not have a lawyer and you probably should have one be sure to keep copies of everything, and send a copy of your motion to the prosecutor at the same time you send it to the Judge.
Answered on Aug 27th, 2013 at 4:45 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Not that I know of. The prosecutor will have to establish a chain of custody for any evidence used for the case.
Answered on Aug 26th, 2013 at 11:16 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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The validity of the blood sample is in question. Blood breaks down as does the alcohol in it, to a point that it is not a reliable sample for any purpose. Your defense attorney has some options based upon this to add to the defenses that might be raised during the DWI prosecution.
Answered on Aug 26th, 2013 at 10:52 AM
78 days before he takes sample to the lab is very unusual and will probably cause the prosecutor trouble getting the sample tested and if it was not stored properly the sample may be ruined. 78 days is much too long and it makes me think that the officer forgot he had it there which raises the question of how does he prove it is yours. A good lawyer will give the officer fits when he tries to get the blood into evidence.
Answered on Aug 24th, 2013 at 10:14 AM
Michael J. Breczinski
Well the issue would be whether the time delay caused the evidence to degrade.
Answered on Aug 24th, 2013 at 10:14 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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78 days is an extremely long time to keep sample prior to testing. Not sure what county your case is in, but that would be very unusual in l.a. county. Hire an attorney. In my opinion, increased chance that sample was compromised and can be challenged or potentially suppressed. Particularly if not refrigerated or preservative issue. Can't imagine that waiting 78 days to test blood is normal procedure.
Answered on Aug 24th, 2013 at 10:13 AM
They are usually kept for 1 year. The longer it sits there before analysis, the more your lawyer can attack the results.
Answered on Aug 24th, 2013 at 10:13 AM