Can Contamination Affect a Georgia DUI Blood Sample?

Answer:

In a DUI case, yes — 100%. What most people don’t realize is that after your blood is drawn and placed in a vial, it’s shipped via FedEx to the Department of Forensic Sciences, where it’s tested in Decatur, Georgia, often months later. Contamination can occur at any point along the way: during collection, shipping, storage, or during the actual opening and testing of the sample. If your blood has been contaminated, you likely wouldn’t know until the results come back — only then might you discover the numbers don’t match what you actually consumed. In situations like this, it’s critical that the blood sample be examined and tracked at every step, from collection through shipping, retrieval, and testing. If this is your situation and you’re in the North Georgia area, give us a call.

In a DUI case, yes — 100%. What most people don’t realize is that after your blood is drawn and placed in a vial, it’s shipped via FedEx to the Department of Forensic Sciences, where it’s tested in Decatur, Georgia, often months later. Contamination can occur at any point along the way: during collection, shipping, storage, or during the actual opening and testing of the sample. If your blood has been contaminated, you likely wouldn’t know until the results come back — only then might you discover the numbers don’t match what you actually consumed. In situations like this, it’s critical that the blood sample be examined and tracked at every step, from collection through shipping, retrieval, and testing.

Where Contamination Can Happen

Blood samples in Georgia DUI cases are ultimately tested by the GBI’s Division of Forensic Sciences, but a lot happens before that sample ever reaches the lab:

  • At the draw — the tube has to contain the correct preservative and anticoagulant, typically sodium fluoride and potassium oxalate, to prevent clotting and to stop bacteria from growing inside the vial. Without the right chemicals in the right amounts, the blood can begin to ferment.
  • During transport and storage — the sample needs to be kept sealed and refrigerated (never frozen) throughout shipping and while it sits waiting to be tested, sometimes for months.
  • At the lab — the sample has to be properly logged, opened, and analyzed following the lab’s validated procedures.

Why Fermentation Is a Real Risk

If a blood sample isn’t properly preserved, naturally occurring bacteria and yeast in the blood can ferment, actually producing alcohol inside the vial after the draw — meaning the number that comes back from the lab may not reflect what was truly in your system at the time you were pulled over. Because this process happens invisibly, inside a sealed tube, there’s no way to know it occurred just by looking at the results.

What a Chain-of-Custody Review Looks Like

Because contamination can happen at any single point in a chain that stretches from the roadside to a lab in Decatur, a proper defense review means tracing every step: who drew the blood and whether they were qualified to do so, whether the tube contained the correct preservatives, how it was packaged and shipped, how it was stored while awaiting testing, and whether the lab followed its own validated procedures when the sample was finally opened and analyzed. Any gap or irregularity anywhere in that chain is something a skilled attorney can raise to challenge the reliability of the result.

What to Do If This Applies to You

If you’ve had your blood tested in a DUI case, it’s worth having an attorney pull the complete chain-of-custody records and lab documentation to check for any of these issues. If this is your situation and you’re in the North Georgia area, give us a call.

Brett Willis Law LLC - Courtroom

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!

Donna R.

Harvard Law School

Harvard Law School Trial Advocacy Instructor

Daily Report

10 Lawyers You Need to Know

National Criminal Defense College

Faculty

Bill Daniel Trial Advocacy Program

Faculty, Bill Daniel Trial Advocacy Program

Justia Rating

Justia 10.0 Lawyer Rating

Top 100 National Trial Lawyers

Top 100 National Trial Lawyers

SuperLawers

Rated by SuperLawers


Brett M. Willis Avvo Rating 10.0 Top Attorney

Avvo Rating 10

Harvard Law School

Harvard Law School Trial Advocacy Instructor

Justia Rating

Justia 10.0 Lawyer Rating

Daily Report

10 Lawyers You Need to Know

Top 100 National Trial Lawyers

Top 100 National Trial Lawyers


Brett M. Willis Avvo Rating 10.0 Top Attorney

Avvo Rating 10

National Criminal Defense College

Faculty

Bill Daniel Trial Advocacy Program

Faculty, Bill Daniel Trial Advocacy Program

SuperLawers

Rated by SuperLawers