When someone is arrested for DUI in Kansas, law enforcement often relies on blood test results to support the charges. Many people assume that a blood test is indisputable proof of intoxication. However, that is far from the truth. Blood evidence is only as reliable as the procedures used to collect, store, transport, and analyze it. Even a small mistake at any stage of the process can call the accuracy of the test into question.
If the prosecution cannot establish that your blood sample was handled properly from the moment it was collected until it was tested, the evidence may become unreliable. In some cases, problems with blood evidence can result in the suppression of the blood test, significantly weaken the prosecution’s case, or even lead to dismissal of the DUI charges.
As an experienced Kansas DUI defense attorney, I carefully examine every aspect of the blood testing process to determine whether mistakes were made that could benefit your defense.
Blood Test Evidence Must Follow Strict Procedures
Blood testing is much more complicated than many people realize. Every person who handles the sample must follow established procedures to ensure that the results accurately reflect your blood alcohol concentration (BAC) at the time of the alleged offense.
The process generally includes:
- Proper collection of the blood sample
- Correct labeling of the sample
- Secure storage
- Proper transportation
- Accurate laboratory testing
- Documentation showing who handled the evidence
If any step is mishandled, the reliability of the blood test may be compromised.
Chain of Custody Is Critical
One of the first issues I examine is the chain of custody.
The chain of custody is the documented record showing every individual who handled your blood sample from collection through laboratory analysis. The purpose is to prove that:
- The blood sample actually belongs to you.
- The sample was not switched with another person’s sample.
- The sample was not contaminated.
- The sample remained secure throughout the process.
Missing documentation, unexplained gaps, or inconsistent records can raise serious questions about whether the blood evidence is trustworthy.
Improper Blood Collection Procedures
Kansas law requires blood samples to be collected using proper medical procedures.
Problems can arise if:
- An unauthorized individual draws the blood.
- Improper collection equipment is used.
- The collection site is cleaned with alcohol instead of a non-alcohol solution.
- Incorrect blood collection tubes are used.
- The sample is not mixed properly with preservatives and anticoagulants.
Each of these mistakes can potentially affect the accuracy of the final blood alcohol reading.
Improper Storage Can Affect Blood Test Results
Blood samples cannot simply be placed on a shelf and forgotten.
Many blood samples require:
- Temperature-controlled storage
- Protection from contamination
- Timely transportation
- Proper preservatives
If a sample is stored improperly, fermentation can occur inside the vial. Fermentation may actually create alcohol within the sample, resulting in an artificially elevated BAC reading.
This is one reason why proper storage procedures are so important.
Laboratory Errors Happen
Crime laboratories employ highly trained technicians, but they are still human.
Laboratory mistakes can include:
- Mislabeling samples
- Sample mix-ups
- Equipment calibration problems
- Improper testing procedures
- Data entry errors
- Failure to follow quality control standards
Modern testing equipment is sophisticated, but it must be maintained and calibrated according to strict protocols. Failure to do so can affect the reliability of the results.
Delays in Testing May Matter
Blood samples are not always tested immediately.
Sometimes days—or even weeks—pass before laboratory analysis occurs.
While preservatives are intended to protect the sample, delays combined with improper storage can increase the risk of:
- Sample degradation
- Contamination
- Fermentation
- Unreliable BAC results
The longer the delay, the more important it becomes to verify that the evidence was properly preserved.
Contamination Can Produce False Results
Contamination can occur at several points during the testing process.
Examples include:
- Improperly cleaned equipment
- Contaminated collection tubes
- Cross-contamination with another sample
- Improper handling in the laboratory
Even minor contamination may cast doubt on the reliability of the prosecution’s evidence.
Medical Conditions Can Affect Blood Test Interpretation
Sometimes the issue is not the blood sample itself but the interpretation of the results.
Certain medical conditions may complicate blood alcohol testing, including:
- Diabetes
- Liver disease
- Metabolic disorders
- Certain medications
An experienced DUI defense attorney may work with qualified experts to determine whether medical factors affected the reported BAC.
Why Blood Test Results Should Never Be Accepted at Face Value
Many people believe that once a blood test shows a BAC over the legal limit, the case is over.
That simply is not true.
Every piece of scientific evidence must be proven reliable before it can be used in court.
Questions that often arise include:
- Was the blood drawn legally?
- Was the proper warrant obtained if required?
- Was the sample properly preserved?
- Was the testing equipment functioning correctly?
- Was the laboratory properly accredited?
- Was the chain of custody complete?
If the answer to any of these questions is “no,” the defense may have significant arguments regarding the admissibility or weight of the blood evidence.
A Thorough Investigation Can Make a Difference
When I defend a Kansas DUI case involving blood evidence, I do far more than simply review the laboratory report.
I carefully investigate:
- Police reports
- Body camera footage
- Search warrants
- Blood draw procedures
- Laboratory records
- Calibration logs
- Chain of custody documentation
- Laboratory quality control records
- Training records of the individuals involved
This detailed review often uncovers weaknesses that are not immediately apparent.
Every DUI Case Is Different
Not every problem with blood evidence results in dismissal, but every error creates an opportunity to challenge the prosecution’s case.
Sometimes the evidence is excluded entirely.
Sometimes the prosecutor agrees to reduce the charge.
Sometimes the weaknesses create reasonable doubt that leads to an acquittal.
The important point is that no one should assume the blood test is automatically accurate simply because the government says it is.
Call Bill Cummings LLC For a Free Consultation
A DUI conviction in Kansas can have significant and lasting consequences, but with the right strategies and legal representation, you can mitigate these impacts. Bill Cummings LLC is committed to helping you address the complexities of DUI defense and protect your future. We thoroughly investigate every aspect of the prosecution’s evidence, including blood testing procedures, to determine whether mistakes may strengthen your defense.
Contact Bill Cummings LLC today at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side.