Q: Blood vial used for dui
I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting blood. The blood squirted from the needle down to the tube and I know for a fact there was no white powder at the bottom of the tube. Afterwards the nurses just labeled the tube and left it sitting on the table, they didn’t shake it or turn it up and down for anything to mix. Now I’m reading things about blood kits and I’m seeing that there has to be a preservative and anticoagulant present in the vial. And the vial must be moved up and down for the mixture to mix. But none of that happened. Do I have a case to suppress the blood?
A: If you have concerns about the way your blood was collected for a DUI test, it's important to consult with a qualified attorney who specializes in DUI cases. They can evaluate the specifics of your situation, including the procedures followed during the blood collection, and determine if there are grounds to challenge the admissibility of the blood test results. Any irregularities in the collection process may potentially impact the reliability of the test.
A: If there are no preservatives, then the alcohol content will multiply over time. So the BAC in the report won't match the BAC of a re-test. Remember you have the right to have the blood re-tested by your own expert. You will want to hire a lawyer for that.
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