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    SERUM BLOOD TESTS

    Having handled a drunk driving causing death case which revolved around the introduction of serum blood, I have extreme doubts as to its accuracy or relevance in OWI cases in Michigan.  A serum blood test normally takes place if somebody has been injured in a car crash and taken to the hospital for medical treatment.  The serum blood test is not done at the request of the police and instead is done for purposes of medical treatment.

    WHAT IS A SERUM BLOOD TEST?

    Serum blood in a nutshell is the method in which blood tests are normally performed at the hospital.  What happens is that the medical technologist or lab technician will take a sample of your blood for purposes of analyzing it for possible medical problems.  I have had these technicians testify that the hospital blood machine tests for 60 different things at the same time.  The test is basically performed by taking your blood sample and placing it in a metal cylinder with tiny perforations throughout it.  The machine then spins at a high speed and takes out all of the liquid, leaving the particulate matter, which is basically all of the cells and other stuff floating around in the blood.  And because alcohol is a liquid, all of it that was in the blood will pass through.  The medical technologist then takes the liquid and tests it for alcohol, amongst other things.  

    SO WHAT’S THE PROBLEM WITH THIS TEST?

    In the hospital setting, medical diagnosis does not require exact measurements for alcohol, which is why the serum test is performed.  However, what happens is when you take out the blood cells and other stuff out of the blood, the level of alcohol in the remaining liquid is obviously higher.  The Michigan State Toxicology Experts will testify that because of this, a serum blood test is normally 15% higher than a whole blood test.  However, my expert  toxicologist has testified that this ratio could be as high as 40%, thus meaning that your serum blood alcohol test of 0.10 could in reality be a 0.06 BAC.  As you can see, having a criminal defense attorney who understands these scientific principles will have a major difference in whether you are walking out of court celebrating, or walking out handcuffed.