Is the RN or the police officer supposed to shake vial after DUI blood draw?

Asked over 2 years ago - Hermosa Beach, CA

Does Title 17 specify who is required to mix the anticoagulant and the blood before analysis?

Attorney answers (4)

  1. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What difference does it make?

  2. Shamoon Aziz Budhwani

    Contributor Level 11

    Answered . It does not. It does not specify.

  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . No

  4. Jorge Luis Rodriguez

    Contributor Level 15

    Answered . The law is silent on shaking or or who can shake. It simply provides that the blood shall be mixed with an anticoagulant and a preservative. However if your police officer did the shaking, you can go ahead and object and move to exclude and see if you can convince a Judge that that is part of the collection and therefore requires a person authorized by Section 13354 of the Vehicle Code; in this case the nurse.

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