Legal Question in DUI Law in Wisconsin

blood taking procedures

Do the seals on the containers of blood that are sent to the lab for testing supposed to be intialed by the accussed? the person seen the seals broken before they left the station. they pled not guilty and wonder if they have a good case or not to bring up??

Asked on 11/19/00, 7:04 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: blood taking procedures

The chain of custody for any physical evidence, including

blood samples, must be proven by the government beyond

any reasonable doubt at trial before a person can

be convicted based upon that evidence. Having the

accused intial the sample vial would certainly help

their case, but the case is not necessarily ruined

without the initials. The jury must, in the end,

decide whether or not the integrety of the sample

has been adequately established. I could not give

you any sort of assessment on the merits of your

case without a lot more information. Feel free to

send a private e-mail with the additional information.

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Answered on 11/28/00, 7:44 am

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