Kentucky courts have recognized that blood tests do NOT always provide accurate levels of blood Alcohol Concentration ( BAC). The Kentucky Supreme Court recognized as an accepted fact that blood serum extracted from a blood sample in a Driving Under the Influence (DUI) blood test will result in a reading 10% to 35% higher than if the test was performed on a blood sample which had not been separated from the serum.
Blood serum occurs when the solid cellular material in whole blood is precipitated out, leaving only the liquid portion called serum.
Serum tested for alcohol often results in a higher BAC as more alcohol is concentrated in the liquid serum. The definition of "alcohol concentration" in Kentucky Revised Statute KRS 189A.005(1) does not include blood serum. Courts in other states have allowed the admission of blood serum evidence, so long as the jury is provided appropriate whole blood conversion information. Therefore, should the Kentucky court allow the admission of the blood serum test results, then the court should also allow evidence of the conversion to correct the 10% to 35% error rate of the elevated BAC from the blood serum.
Post by Lexington Kentucky, Personal Injury, Criminal Defense, and DUI Lawyer, Stephen J. Isaacs.
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