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Fighting DUI Charges with Expired Blood Vials and Fermentation Defenses

Fighting DUI Charges with Expired Blood Vials and Fermentation Defenses
When Arizona law enforcement officers draw your blood for a DUI investigation, they place the sample into a specialized glass tube known as a grey-top vial. Prosecutors present the chemical analysis of this blood as definitive, scientific proof of your guilt. However, over my 42 years of criminal defense practice in the Phoenix area, I have proven time and again that blood is a volatile biological substance. If it is collected or stored incorrectly, the science behind the state's case completely fails.
How Expired Chemical Vials Invalidate Blood Evidence
Every grey-top blood vial contains two critical chemical powders: an anticoagulant to keep the blood from clotting, and a preservative called sodium fluoride. The preservative has a vital job: it stops microorganisms and bacteria from growing inside the tube.
Like any chemical product, these vials have a strict expiration date printed on the label. If the police use an expired vial to collect your sample, the sodium fluoride may be degraded and useless. Without an active preservative, a natural biological process called fermentation (or neo-genesis) takes place inside the sealed tube. Microorganisms consume the natural sugars in your blood and produce entirely new alcohol as a byproduct. By the time the lab tech tests the sample weeks later, the machine reads a combination of the alcohol that was in your system plus the new alcohol created by the bacteria, resulting in a falsely inflated BAC.
Our Defense Plan to Expose Spoiled Evidence
A blood test result is only as good as the container it was kept in. We aggressively investigate the physical evidence in your case to uncover manufacturing and storage errors by checking for:
  • Expired Tube Lot Numbers: We demand the manufacturing and expiration records for the exact batch of vials used during your blood draw.
  • Improper Temperature Storage: If blood samples are left sitting in hot police vehicles or non-refrigerated lockers, fermentation speeds up drastically.
  • A Lack of Chemical Mixing: Officers must invert the vial immediately after the draw to mix the chemicals with your blood. Failing to do so can allow the blood to spoil even in an unexpired tube.
If the state used expired equipment or allowed your blood sample to ferment, the scientific integrity of their evidence is ruined. We can leverage these forensic protocols to file a motion to suppress, fighting to keep the tainted blood results out of your case entirely.
Put 42 Years of Aggressive Forensic Defense to Work for You.
Do not let a spoiled blood sample dictate your future. Contact Brian DiPietro Law, PLLC today at 623-242-2655 for a free, completely confidential consultation regarding your defense.

"If your sample was compromised by an expired tube, it can also completely ruin the reliability of any [GC-MS Blood Machine Errors] reported by the state lab."

Brian DiPietro Law, PLLC
Brian DiPietro Law, PLLC
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
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Brian DiPietro Law, PLLC
Brian DiPietro Law, PLLC
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm