Blood Test DUI in Utah: Chain of Custody and How Lab Errors Create Defenses

How Utah DUI Blood Tests Work

When law enforcement requests a blood draw, a qualified phlebotomist draws blood into gray-top tubes containing sodium fluoride (preservative) and potassium oxalate (anticoagulant). The draw site must be cleaned with a non-alcohol swab. The kit is transported to UPHL and analyzed using headspace gas chromatography (HS-Dual GC/FID method).

Chain of Custody — Where Things Go Wrong

Chain of custody refers to the documented sequence of custody, control, transfer, and analysis of the blood sample. We examine every link:

  • The phlebotomist — certified? Correct tube type? Alcohol swab used on draw site?
  • The kit — within expiration date? Tubes properly sealed?
  • Transport — properly refrigerated? How long before reaching UPHL?
  • UPHL receipt — seal intact? Sample properly logged?
  • Lab analysis — instrument calibrated? Controls run properly? Correct method applied?

Fermentation — When Blood Alcohol Increases After the Draw

Blood samples can ferment — producing ethanol through microbial activity — if not properly preserved. Insufficient sodium fluoride, improper mixing, or delayed refrigeration can elevate apparent BAC in the sample above what it was at the time of the draw. This is a legitimate challenge in many Utah blood test DUI cases.

Independent Blood Split Testing

In many Utah DUI cases, a second blood tube was drawn and preserved. This is your split sample — and you have the right to have it independently tested by a certified lab of your choosing. Independent testing has in some cases produced results significantly different from the UPHL result.

The UPHL report is not the end: A blood test result from UPHL is the prosecution's starting point — not the final word. We request full instrument run data, not just the certificate of analysis, and examine every anomaly including TEST CANCELED notations and QC failures.

Call (801) 627-1110 to discuss your blood test DUI case. Free case assessment available 24/7.

Where This Comes Up

The evidence is standard. The prosecutor is not.

Utah agencies run the same instruments and the same roadside battery statewide, so the technical attack on the evidence travels well. What does not travel is charging practice: a screening-tech error that gets an amended charge from one prosecutor's office gets a shrug from another. Knowing which office you are dealing with is most of the strategy.

Weber & Davis · 1st & 2nd District

Our home ground. The office is on Washington Blvd, minutes from the courthouse.

Salt Lake County · 3rd District

Roughly forty minutes down I-15, and a courthouse we are in most weeks.

Utah County & Southern Utah

4th and 5th District. We travel for these, and we say so up front.

These pages describe the courts and prosecutors in each city we appear in. Or just call — (801) 627-1110, any hour.

Contact

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No obligation. No judgment. Just answers from experienced Utah defense attorneys.

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