Question: Are There Ways To Contest The Blood Test In A Georgia Court?
Answer: Yes. Number one – in order to get a blood test into evidence, they have to establish that the person who drew the blood was qualified, that the test was given pursuant to the Georgia Bureau of Investigation lawful methods. In addition, they have to establish other types of criteria to show that the test was scientifically valid. Now, to contest the blood test, you can go into the qualifications of the drawer, you can go into the reasons or the ways that the blood was drawn. You can go into the fact of did they follow the proper procedures, did they invert the blood, was the tube that they took the blood from, did it have the proper number, a proper amount of coagulant along with the proper amount of preservatives. Did the people at the crime lab test it properly? Were there other interfering substances that caused erroneous or bad results from the test? Was the blood kept in a proper climate-controlled environment? Was there a chain of custody established? Was someone in control of that blood at all times? So there are definitely things that can be contested in regard to the blood test.