Has the issue ever been raised concerning the mailing of blood samples to DPS for testing and the effect the heat might have on the results? EX. sample taken on an August night and mailed the next day to a DPS lab. The sample would take approx 2 days to arrive at the lab via US postal service being transported during the heat of the summer. The defendants in these cases perform fairly well on the videos but the results from the test come back high .18-.27. As always, the defense attorney claims there is no way the results can be accurate with the way the defendant appears on the video and given what they have admitted to drinking. Hence the claim that improper storage etc. of the sample must have caused a distorted result. Any one else heard of such? Any merit to it other than another rabbit trail?
Having spent hours in the kitchen (two to be exact), and many many days watching Food Network, I have learned that heat evaporates the alcohol when you cook it.
What happens if you cook a dish containing alcohol in a pressure cooker(blood vial)....does it still evaporate? Or, does it concentrate the flavors(alcohol) to skew the final result? I don't really figure there is an answer to this thread, so might as well have some fun with it. I thought maybe this "defense" might have been raised before.
A sealed vial cannot "definitionally" lose substance by evaporation. The blood could become "untestable", the real answer is to ask your lab folks on the stand. Otherwise jurors, like posters here, may decide to apply the deep science they learn on TV or in the kitchen.
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002
I was hoping there would be an answer to this question so I would not have to ask those questions on the stand and resolve the case with a plea. Thought I would post here first(prior to calling someone at the lab) to see if this had been discussed before. I really don't think these cases will be tried with a blodd test in hand, but since we've been issuing warrants for blood draws, the defense attys have to find new and creative ways to get around results they don't like. As long as the blood is "testable" does heat and/or cold affect the outcome of the results? Lastly, what would Mr. Wizard say?
We have an article provided to us by Jim Burris at the DPS lab that will help answer your questions. If you would like a copy, post your contact info or contact me at jay.johannes@co.colorado.tx.us.
Posts: 159 | Location: Texas, USA | Registered: July 11, 2001
I queried our Crime lab personnel about this issue. They sent me this link to an article about a study on the effect of heat on the alcohol content in a preserved blood sample:
If the link doesn't work, e-mail me and I will forward Glenn's e-mail with the links embedded.
Glover's work is published in the DRE Spring 2003 issue. The Crime Lab has a copy, which may be the article previously mentioned.
The alcohol content in a blood sample declines gradually over time. Excessive heat can actually render a blood sample untestable, but according to Glenn, he personally has only had one sample come in that the officer had forgotten in the car for some time that he could not test as a result of the long exposure to heat.
Janette Ansolabehere DPS Office of General Counsel
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001
