Admission of Blood Alcohol Test Results Upheld On Appeal
On September 18, 2007, the Michigan Court of Appeals issued an unpublished opinion in the case People v. Maclean, upholding a jury conviction for operating while intoxicated and causing death. One of the defendant’s principal arguments on appeal was the trial court erred by allowing admission of the blood alcohol test result, claiming there was insufficient testimony regarding the chain of custody.
The Michigan Court of Appeals disagreed and held that the trial court did not abuse its discretion allowing the blood alcohol test results:
“At trial, the nurse testified that she drew defendant’s blood upon his arrival at the hospital, pursuant to a doctor’s orders. The blood went into a vacuum-sealed tube, which she labeled and sent to the laboratory for analysis. The medical technologist testified that, according to her analysis, defendant’s blood alcohol level was .28. The results of the blood alcohol test were then admitted into evidence. Defense counsel cross-examined both witnesses regarding their involvement in the collection and testing of defendant’s blood, and, during closing argument, highlighted the deficiencies in the chain of evidence. The record arguably supported a conclusion that the chain of evidence was somewhat deficient regarding the manner in which defendant’s blood sample arrived at the laboratory for testing. However, no evidence was presented, and defendant does not argue, that the blood actually tested did not belong to defendant. Moreover, given the comparable result in the unchallenged police blood-alcohol test, the accuracy of the hospital blood-alcohol test is evident. Any deficiency in the chain of custody or evidence goes toward the weight of the evidence, not its admissibility. Accordingly, the trial court did not abuse its discretion in admitting the report containing defendant’s blood alcohol level.”
Click here to read the entire opinion.
