In Phoenix, Arizona, is the police dept. required to store a DUI blood sample, as evidence in court? If so, for how long?
1 Answer from Attorneys
No. Absolutely not. They are supposed to give you reasonable opportunity to get your own duplicate sample at a place of your choosing. Often times, if they draw blood instead of breath sample, they will draw two vials that are kept at the DPS crime lab. One of which can be requested by you as the defendant for your own independent analysis. If they say that the blood sample is lost or was used up as a result of their own testing, you have no remedy. Law enforcement has made DUI investigations a science. (literally) You will need a trained DUI lawyer to look for any impropriety in the investigation and look for suppression issues. If you ever get pulled over again after having a drink or two, call a good DUI lawyer to walk you through some steps that will keep you out of trouble.