Chain Of Custody

Chain of Custody

As a part of the foundation for introduction into evidence of the results of any blood-alcohol test, the prosecution must establish a complete chain of evidence. In other words, the prosecutor must be able to trace, through competent evidence, exactly where the chemical sample was at all times, from when it was extracted from the defendant to the moment it was finally analyzed; in some instances, as, for example, with pre-trial discovery, the chain must be extended into the present. In addition to proving where the sample was, the prosecutor will probably have to show in whose custody it was at all times and that it was properly labeled and stored. They must negate the possibility that it was in an unidentifiable individual’s control at any point in time and that the sample was misplaced or exchanged mistakenly for another sample. In short, the prosecution must clearly establish that the sample taken from the defendant was the one analyzed and could not have been tampered with.

To learn more about chain of custody, call (562) 330-4173 or fill out our online contact form today to speak to our DUI lawyer near you.

Certainly, DUI Lawyers should always object to the admission of the test results without a complete showing of chain of custody, if only to establish a record for appeal. Usually, a number of individuals have handled the sample in question, among them the arresting officer, the medical technician or physician, the transporting officer, the individual in charge of evidence at the laboratory, and/or the laboratory technician or chemist. Counsel should insist on the testimony of each such individual or at least the testimony of a witness to the custody of the sample by the individual.

In addition to the testimony of custody, the prosecution should be required to show that an accepted means of labeling the sample was used. Again, each jurisdiction varies in its requirements as to the labeling of evidence, and counsel should be familiar with them. Generally, however, the DUI blood sample should have been labeled by the person who took the sample and at the time the sample was taken and placed in its container.

However, assuming that the objection or motion to suppress is denied, the issue is far from dead. DUI attorneys should emphasize in their cross-examination and argument the failure of the prosecution to establish that the blood analyzed was, in fact, the defendant’s. All of the testimony and legal presumptions concerning blood-alcohol concentrations mean nothing if it cannot be proven beyond a reasonable doubt that the blood analyzed was not taken from someone else.

To learn more about the DUI blood sample chain of custody, contact The Law Offices Of Taylor & Taylor at (562) 330-4173 or fill out our online contact form today to speak to our DUI lawyer near you.

Chain of Custody FAQ

Q1: Why is the chain of custody important in a DUI case?

A: The chain of custody is crucial in a DUI case because it establishes the credibility of the evidence presented. It ensures that the evidence, such as blood or breath test results, has not been tampered with, contaminated, or mishandled during the collection, storage, and analysis phases. A properly maintained chain of custody strengthens the prosecution's case and protects the defendant's right to a fair trial.

Q2: What type of evidence is subject to the chain of custody in a DUI?

A: Evidence subject to the chain of custody in a DUI case includes biological samples (blood or urine), breathalyzer test results, field sobriety test records, and any other physical evidence collected during the investigation. Proper documentation at each stage of handling is essential to maintain the reliability of the evidence.

Q3: Can a break in the chain of custody affect the outcome of a DUI case?

A: Yes, a break in the chain of custody can significantly impact the outcome of a DUI case. If there is a gap or inconsistency in the documented trail of evidence, the defense may challenge the reliability of the evidence, potentially leading to its exclusion from the proceedings. This could weaken the prosecution's case against the accused.

Q4: How is the chain of custody established and maintained?

A: The chain of custody is established through careful documentation at every step of the evidence-handling process. Law enforcement officials, forensic analysts, and other personnel involved in the case must record the collection, labeling, storage, and transportation of evidence. Each transfer of custody should be documented, and any changes in the condition of the evidence noted.

Q5: Can the defense challenge the chain of custody?

A: Yes, the defense has the right to challenge the chain of custody in a DUI case. Defense attorneys may scrutinize the documentation and procedures followed during the collection and handling of evidence. If there are discrepancies or lapses, the defense may file motions to exclude or question the admissibility of the evidence in court.

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