DUI, Blood Tests, And The Blood Test Kit (with apologies to Alfonso Bedoya)

As we have noted before, blood testing in DUI cases presents numerous opportunities for human error--which is why you need a hard fighting, straight talking Phoenix DUI Attorney on your side to make sure no stone is left unturned. Many of these opportunities for human error center around contamination from candida albicans, a common yeast organism that can produce alcohol from your blood in the test tube after your blood is drawn. We can begin our exploration of this subject with a general discussion of blood draw (or blood test) kits.

BD Vacutainer is a brand of vacuum test tubes made by Becton, Dickinson and Co. (BD); this is the most common type of tube found in blood test kits. BD, however, does not create the blood draw kit. Most kits used in Arizona are created by N.I.K. Public Safety, Inc, a division of Armor Holdings. Arizona also uses kits made by the Lynn-Peavey Co. and Tri-Tech.

N.I.K., Lynn-Peavey, and Tri-Tech do not manufacture the items in the kits. Instead, they gather components from different companies and assemble the kits. Some Arizona law enforcement agencies gather their own components and assemble kits themselves.

Kits from N.I.K., Lynn-Peavey, and Tri-Tech come with instructions. However, some Arizona law enforcement agencies remove the instructions. In addition, those agencies that assemble their own kits often do not include any instructions. This is done so that the defense cannot argue that the cop didn't follow the instructions: To paraphrase Alfonso Bedoya in The Treasure of the Sierra Madre, "Instructions? We don't need no stinking instructions!"

Each kit comes with a needle. N.I.K. and Lynn-Peavey kits come with a needle made by BD. Tri-Tech kits generally come with a needle made by Tyco Healthcare Group.

Each kit also comes with 2 tubes. The blood in one tube will be tested by the law enforcement lab. The blood in the other tube will be available for testing by the defense, should the defense so desire. We will discuss the tubes more in a subsequent blog post.

Each kit also comes with an antiseptic swab. This swab and its proper use will be the subject of another blog post as well.

If you are facing DUI charges in Phoenix or anywhere in the Valley, contact us right away for a free consultation.