Blood Tests

Blood testing is a much more complicated process than most people think. The crime lab uses headspace gas chromotography. Basically they measure how long it takes ethanol to elute (evaporate) and reach a flame and then the intensity of that flame is measured. It is definitely not just sticking a piece of litmus paper in the blood. There are several issues that can arise during this process. Blood from other samples can get into your sample. The tube may not be able to separate ethanol from other substances. The equipment may be faulty such as the pipettes that are used to move the blood in precise quantities. They have been known to fail. The science here is intense and you need an attorney who has spent the time familiarizing himself with the procedures and deficiencies of headspace gas chromotography.


§ 5.103. Blood tests for blood alcohol content.

 Equipment used for blood analysis to determine the amount of alcohol in a person’s blood which performs the analysis by means of gas chromatography, enzymatic procedures, distillation procedures or diffusion procedures is approved by the Department provided that:

   (1)  The equipment is located within a clinical laboratory currently licensed by the Department.

   (2)  The particular brand or model of equipment used and a reagent or procedures relating thereto have not been prohibited by specific notification of the Department under §  5.46 (relating to reagents and equipment).

   (3)  A clinical laboratory performing blood analyses with the equipment has in effect an approval to provide the special analytical services under §  5.50 (relating to approval to provide special analytical services).


Call or email today for a free consultation.


M.P.Kelly Law

216 North River Street

Courthouse Square Towers

Suite 570

Wilkes-Barre PA, 18702

Phone: (570) 417-5561

Fax: (570) 822-2164


Print Print | Sitemap
© Michael Kelly