Section 85 Blood-Test Challenges

• Library: DWI Experts and the Science of Chemical Tests 2014

Generally, blood tests are held out as the “gold standard,” and many attorneys are afraid to challenge them or do not know how to challenge them successfully. In reality, there are more issues with blood testing than there are with breath testing.

The blood test in Missouri is covered by § 577.029, RSMo Supp. 2012. The details of blood testing are discussed in §§86–97 below.

Most crime labs perform GC/MS (gas chromatography/mass spectrometry) tests on blood samples. Most use dual-column GC/MS machines. The combination of the GC and the MS provides a substantially more accurate method than breath testing as long as it just comes down to the test itself. Blood testing is fraught with issues from collection to reporting the result.

Challenges that can be made to the test include the following:

• Uncertainty of the overall procedure

• Error rate from each stage of the procedure

• Condition of the subject at the time of blood draw

• Medical procedures...