Must the District Attorney preserve blood drawn in a DUI case?
The District Attorney must put the defendant’s lawyer on notice for the amount of time that the District Attorney’s Office intends to preserve the blood in a DUI case, then the defense attorney must notify the DA’s office if the defense attorney may wish to re-test the blood by their own independent lab.
What is the remedy–is the case tossed? No. The remedy is that the DA must proceed under section a1 general impairment without the blood. The benefit of this type of prosecution is that the penalty is FAR less under general impairment then all of the other types of DUIs.
This is a great way to fight a blood case if your lawyer has a lab to which to send the blood. Best question of month.