blood tests for BAC

[betachains]

What is the name of your state (only U.S. law)? CA

While attending to other things at a hospital, I encountered a blood draw on a DUI arrestee. The blood tech (phlebotomist) is a hospital employee. She used the usual alcohol swap (instead of the providone one) for the draw. The police officer was present.

(Alcohol swaps are clear, while the providone ones are brown. In difficult venipunctures, the veins may be easier to see with the alcohol.)

My understanding is that non-alcohol swaps are supposed be to used for BAC tests. I know that the alcohol in the swap is not the drinking type, and that studies have shown that the type of swap does not significantly affect BAC measurements anyways.

But, would the blood test results stand up in court?

 

[quincy]

What is the name of your state (only U.S. law)? CA

While attending to other things at a hospital, I encountered a blood draw on a DUI arrestee. The blood tech (phlebotomist) is a hospital employee. She used the usual alcohol swap (instead of the providone one) for the draw. The police officer was present.

(Alcohol swaps are clear, while the providone ones are brown. In difficult venipunctures, the veins may be easier to see with the alcohol.)

My understanding is that non-alcohol swaps are supposed be to used for BAC tests. I know that the alcohol in the swap is not the drinking type, and that studies have shown that the type of swap does not significantly affect BAC measurements anyways.

But, would the blood test results stand up in court?

You are right that the alcohol swabs are not supposed to be used for the BAC tests. The results can be tossed (should the DUI arrestee have the sense to hire a good DUI attorney who will check on this).

 

[tranquility]

Title 17 of the California Code of Regulations
§ 1219.1. Blood Collection and Retention.

(a) Blood samples shall be collected by venipuncture from living indi-
viduals as soon as feasible after an alleged offense and only by persons
authorized by Section 13354 of the Vehicle Code.

(b) Sufficient blood shall be collected to permit duplicate determina-
tions.

(c) Alcohol or other volatile organic disinfectant shall not be used to
clean the skin where a specimen is to be collected. Aqueous benzalko-
nium chloride (zephiran), aqueous merthiolate or other suitable aqueous
disinfectant shall be used.

(d) Blood samples shall be collected using sterile, dry hypodermic
needles and syringes, or using clean, dry vacuum type containers with
sterile needles. Reusable equipment,if used, shall not be cleaned or kept
in alcohol or other volatile organic solvent.

(e) The blood sample shall be deposited into a clean, dry container
which is closed with an inert stopper.

( 1 ) Alcohol or other volatile organic solvent shall not be used to clean
the container.

(2) The blood shall be mixed with an anticoagulant and a preservative.

(f) When blood samples for forensic alcohol analysis are collected
post-mortem, all practical precautions to insure an uncontaminated sam-
ple shall be employed, such as:

(1) Samples shall be obtained prior to the start of any embalming pro-
cedure. Blood samples shall not be collected from the circulatory system

 

[quincy]

Title 17 of the California Code of Regulations
§ 1219.1. Blood Collection and Retention.

(a) Blood samples shall be collected by venipuncture from living indi-
viduals as soon as feasible after an alleged offense and only by persons
authorized by Section 13354 of the Vehicle Code.

(b) Sufficient blood shall be collected to permit duplicate determina-
tions.

(c) Alcohol or other volatile organic disinfectant shall not be used to
clean the skin where a specimen is to be collected. Aqueous benzalko-
nium chloride (zephiran), aqueous merthiolate or other suitable aqueous
disinfectant shall be used.

(d) Blood samples shall be collected using sterile, dry hypodermic
needles and syringes, or using clean, dry vacuum type containers with
sterile needles. Reusable equipment,if used, shall not be cleaned or kept
in alcohol or other volatile organic solvent.

(e) The blood sample shall be deposited into a clean, dry container
which is closed with an inert stopper.

( 1 ) Alcohol or other volatile organic solvent shall not be used to clean
the container.

(2) The blood shall be mixed with an anticoagulant and a preservative.

(f) When blood samples for forensic alcohol analysis are collected
post-mortem, all practical precautions to insure an uncontaminated sam-
ple shall be employed, such as:

(1) Samples shall be obtained prior to the start of any embalming pro-
cedure. Blood samples shall not be collected from the circulatory system

The technician taking the sample must fill out a form for the officer, describing not only the process used in drawing the blood, but also recording any observations that may be pertinent about the subject whose blood is being drawn (ie, cooperative, combative, dilated pupils...). This report can be used by both the prosecution and the defense to support whatever arguments they are trying to make.