Sketchy Labeling Practices in Georgia DUI Blood Testing: Hiding Behind Homemade Labels?

As a Hall County DUI lawyer with decades of experience fighting for clients in Georgia, I’ve long advocated for transparency and scientific integrity in DUI prosecutions. Building on the principle that “the foundation of science is the humility to learn, not the arrogance of expertise,” we must question practices that obscure critical details in evidence handling. One such concerning tactic by the Georgia Bureau of Investigation (GBI) involves using homemade labels on blood sample tubes that completely cover the manufacturer’s original labels. This raises serious questions: What are they hiding? Expiration dates? Preservative details? Or indicators that the tubes aren’t suitable for forensic use? In DUI cases, where blood tests can lead to life-altering convictions, this lack of visibility undermines the chain of custody and opens the door to defenses based on improper evidence handling. Let’s examine this practice, contrast it with more transparent approaches in other states, and explore its implications for Georgia drivers.

The GBI’s Homemade Labels: A Closer Look

In Georgia DUI investigations, blood samples are often collected at the scene or shortly after arrest and sent to the GBI’s Division of Forensic Sciences (DOFS) for analysis. According to GBI guidelines, evidence must be properly labeled with details like the investigator’s name, agency case number, date, and a brief description to ensure traceability in court. Biological samples, including blood tubes, should be sealed in leak-resistant containers and packaged securely. However, as illustrated in the image below, GBI crime lab samples frequently feature handwritten or printed homemade labels that overlay and obscure the manufacturer’s pre-printed information.

[Image 1: GBI crime lab blood sample tubes in a sealed bag, laid horizontally on a grid background. The tubes have homemade labels covering the manufacturer details, with handwritten notes like subject name (blurred for privacy), “Blood Tube 1,” and a case number. A sticker on the bag reads “2025-*********** Evidence Collection Kit.”]

This practice isn’t just cosmetic—it’s problematic. The manufacturer’s label typically includes essential details like the tube’s contents (e.g., sodium fluoride and potassium oxalate preservatives to prevent blood fermentation), whether it’s designated for forensic use, the manufacture date, and crucially, the expiration date. By covering these, the GBI effectively hides information that could reveal if the tube was expired or improperly suited for DUI testing. In my practice, I’ve seen how such opacity can lead to challenges in court, as it violates the humility of science by assuming the sample’s integrity without allowing verification.

Why Expiration Dates and Manufacturer Details Matter in DUI Blood Testing

Blood collection tubes aren’t eternal; they have expiration dates tied to the vacuum seal and the efficacy of preservatives. These preservatives, like sodium fluoride, inhibit bacterial growth and alcohol production in the sample, ensuring accurate BAC readings. If a tube is expired, the vacuum may fail, leading to incomplete fills or contamination, or the preservatives could degrade, causing false highs in alcohol levels due to fermentation. Courts in some jurisdictions have ruled that expired vials don’t automatically invalidate results, but in Georgia, this can still be grounds for suppression if it compromises the chain of custody or sample reliability.

Improper storage or handling exacerbates these issues—blood samples must be refrigerated promptly to avoid degradation, yet collection often occurs in non-sterile environments like roadsides. Without visible manufacturer labels, defense attorneys like myself can’t easily verify compliance, making it harder to spot errors that could exonerate clients. This arrogance in evidence presentation ignores scientific limitations, potentially leading to wrongful convictions under Georgia’s strict DUI laws (O.C.G.A. § 40-6-391).

A Contrast with Less Sketchy Practices in Other States

Compare this to blood collection in states like Florida and California, where transparency is prioritized. In Florida, blood collection tubes must be explicitly labeled with the person’s name, date and time of collection, and the collector’s initials—without mention of obscuring manufacturer details. California provides standardized DUI blood alcohol mailing kits complete with pre-labeled tubes, envelopes, and clear collection procedures that preserve the manufacturer’s information for verification. These kits ensure details like preservatives, forensic designation, manufacture date, and expiration are visible, fostering accountability.

[Image 2: Blood collection tubes from another state, shown vertically with arrows pointing to key details. The manufacturer labels clearly display “Sodium Fluoride/Potassium Oxalate,” volume (10 mL), lot number, expiration date, and other specs. Names and personal details blurred for privacy.]

This level of detail allows for straightforward challenges if something’s amiss—expired tubes or wrong preservatives can be spotted immediately. In Texas, while mandatory blood draws are common, chain-of-custody rules emphasize proper labeling and storage to maintain evidence integrity. Georgia’s homemade overlays, by contrast, seem designed to complicate scrutiny, potentially masking flaws that could invalidate a test.

Implications for Georgia DUI Prosecutions and Your Defense

In Hall County and across Georgia, where DUI cases are prosecuted vigorously, flawed blood evidence can result in severe penalties: up to a year in jail, fines up to $1,000, license suspension, and mandatory DUI school for first offenses. But practices like these homemade labels provide fertile ground for defense strategies. We can challenge the admissibility by arguing violations in chain of custody, improper preservation, or lack of transparency—often leading to suppressed evidence or reduced charges.

If your DUI case involves a blood test, don’t assume the results are infallible. As your advocate, I’ll scrutinize every detail, from labeling to lab analysis, to expose these sketchy practices.

If you’ve been charged with DUI in Hall County or elsewhere in Georgia, contact George Creal immediately for a free consultation. With my proven track record, we’ll demand the humility and transparency that true science—and justice—requires. Visit our website or call today. Your rights depend on it.