Section 93 Alcohol Swab Affects Blood Alcohol Content Determination

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

In 2007, the Missouri legislature took out the requirement that a nonalcohol swab be used for a legal blood draw; therefore, it is not an automatic win like it was before this change. There is, however, still an issue of possible contamination. This issue does not get much traction in MoDOR license cases but should not be ignored in the criminal case. Use of an alcohol swab is just problematic, and the potential for contamination cannot be removed entirely, so it can lead to “reasonable doubt.” The author cautions that this issue can be raised, but it alone will usually not carry the entire case. Even if it is the only available defense, however, it should not be ignored.

The DWI attorney should get a sample of the type of swab used for the blood draw and have it tested. In a test done by this author and deceased expert Dr. Terry Tyler Martinez, sample swabs that were labeled “non-alcohol” actually did contain alcohols and some even ethyl alcohol (ethanol)—the alcohol found in alcoholic drinks.

There are several studies on this subject for and against:

· H.A. Heise, How Extraneous Alcohol Affects the Blood Test for Alcohol; Pitfalls to Be Avoided When Withdrawing Blood for Medicolegal Purposes, 32 AM. J...