Expired Blood Testing Kit Results in Inadmissible Evidence

Calhoun County, Iowa- A GRL Law client was involved in a single vehicle accident and was taken by ambulance to the hospital.  Officers believed that the driver was under the influence of alcohol. Because the client was in the hospital and strapped to a bed, the client was asked by officers to submit a sample of his blood.  He consented.  The officers gave the nurse a testing kit to sample the blood that was expired by almost two years.  GRL attorney Grant Gangestad filed a motion to exclude the blood test results based upon the fact that the kit used to draw the blood was out of date. The Court excluded the blood test result.  This prompted the County attorney to dismiss the OWI charge and amend the charge to a reckless driving and public intoxication.  The client’s driving privileges were saved and jail time was avoided.