State v. Smith

Hearn, Judge:

Charlie S. Smith appeals his conviction for driving under the influence (DUI). We reverse based upon the chain of custody of the blood sample introduced into evidence.

I

Smith argues the trial judge erred in admitting blood analysis evidence where subsequent actions by law enforcement personnel negated any reasonable assistance provided to Smith in obtaining his own blood sample. We disagree.

After Smith was arrested for DUI he refused to submit to a breathalyzer test. Smith requested a blood test and the arresting officer, Trooper Bullard, transported him to the Lexington County…