QUESTION
Can a blood test be admissible to court if sample is contaminated by administration of IV medications prior to test?
Asked on Mar 13th, 2013 on DUI/DWI - California
More details to this question:
She was involved in a serious motor vehicle accident. The accident took place around 1230 pm. The defendant was administered several opiates to her between 130pm and 230pm when the blood was drawn. The medication given in ER and several other controlled substances- that are prescribed to her on a nightly basis- were not found in the blood test taken by police. Does the defendant have good chances of having the blood test thrown out as evidence? Also police failed to turn blood over to lab for testing for 13 days after it was take? Does the prosecution have to provide a sample of the blood to the defense for own testing? Any opinions/ experience with the circumstances are greatly appreciated. A lawyer has been obtained but is not a DUI expert.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. At first glance, there appear to be issues regarding chain of custody of the blood sample, contamination of the blood due to medication given at the hospital, etc. You would be entitled to have a sample of the blood tested by a lab of your choice. If you have an attorney, you should be discussing these issues with him/her.
Answered on Mar 15th, 2013 at 6:17 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Verified contamination will provide you with a defense if the contamination or chemicals can be demonstrated to alter the blood alcohol concentration. You should consult with a DUI attorney and likely a forensic toxicologist to determine whether this will be a defense. The blood must be available for an independent analysis by defense counsel and the delay between the blood draw and the analysis may also be helpful. I encourage you to contact an attorney who specializes in defending DUI cases and has experience handling drug DUI cases too (although, if the drugs aren't in the blood, it may be a pure alcohol case).
Answered on Mar 14th, 2013 at 8:14 PM
Why on earth would you hire a lawyer who is not a DUI specialist on a DUI case?
Answered on Mar 14th, 2013 at 6:34 PM
Geoffrey MacLaren Yaryan
If drugs were given to her after she was driving obviously they did not cause he accident. If drugs or alcohol are found that were consumed before the accident they can be used as evidence. If proper preservatives were used then delaying the release of the sample to a lab does not effect its reliability. The defense is entitled to have a sample provided to have their own test done.
Answered on Mar 14th, 2013 at 2:26 PM