Challenging Blood Tests in Rhode Island DUI Cases

Updated June 2026 by Matthew T. Marin, Esq. (NCDD member, Super Lawyers 2014+, landmark wins in State v. Corcoran (2022)) and Stefanie A. Murphy, Esq. (lead author of A Practical Guide to Trying DUI Cases in RI, 2nd Ed., RI Police Academy lecturer on DUI defense).

At the Marin & Murphy Law Firm, we have successfully challenged the prosecution’s use of blood test evidence in criminal trials in dozens of different ways. Below we will discuss the different protocols that must be followed for the prosecution to utilize blood test evidence against you in a criminal DUI trial and the different ways that a skilled Rhode Island DUI Defense Lawyer can challenge the introduction of blood test evidence. Sources of information relevant to Blood Test Results in Rhode Island DUI cases include:

RI DUI Statute – RI Department of Health Blood Testing Rules & Regulations

For information and a no-obligation case analysis, contact the Marin & Murphy Law Firm 24/7 at (401) 228-8271 or by completing our CONTACT FORM.

Rules for Blood Tests in Rhode Island DUI Cases

The number of different rules pertaining to the extraction, testing, and use of blood test evidence in Rhode Island DUI cases is exceedingly complex for both the Prosecution and the Police. The rules form an intricate web of hurdles that must be overcome so that the blood evidence can be presented at trial. Those rules come mainly from the Rhode Island DUI Statute (Rhode Island General Law 31-27-2) and Rules and Regulations created by the Rhode Island Department of Health. These rules apply both when the blood is being drawn and when the blood is being tested.

Protocol for the Police and Hospital Personnel When Drawing Blood Evidence

When the Police seek to introduce blood test evidence at a criminal DUI trial in Rhode Island, the first thing the prosecution must show (except in forced draw warrant cases, which are exceedingly rare) that the Defendant consented to the taking of the test. To prove consent to a blood test, the Police must have complied with the following conditions required by the Rhode Island DUI Statute:

1. The Defendant must have been read his/her “Rights for Use at Scene”;
2. The Defendant must have been read his/her “Rights for Use at Station” or “Rights for Use at Hospital”;
3. The Defendant must have been permitted a confidential phone call prior to consenting to the blood test.

In addition to the conditions required by the Rhode Island DUI Statute, the Rhode Island Department of Health has issued Rules and Regulations which must be complied with when actually drawing the blood to be tested. Those requirements include:

1. The blood must be collected by “a licensed physician, a registered nurse, or other licensed health care practitioner acting within the scope of his/her practice, or a ‘medical technician'”;
2. Prior to the blood draw, the skin must be cleaned with a “sanitizing agent devoid of alcohol”;
3. The blood must be collected in a sterile laboratory tube and must contain chemicals designed to prevent bacterial growth;
4. The blood must be turned over to the Police at the time of the blood drawing.

Protocol for the Police and the Department of Health When Testing Blood Evidence

After the blood has been drawn and the Police leave the Hospital with the blood, certain steps must be taken to allow the results of the blood test to be admitted into evidence. Once again, the Police must comply with the rules created by both the Rhode Island DUI Statute and the Rhode Island Department of Health Regulations. The Police must:

1. Maintain chain-of-custody and minimize the deterioration of the specimen;
2. Void prolonged exposure of the specimen to temperatures above 90 degrees Fahrenheit;
3. Deliver the specimen to the laboratory as soon as practical;
4. Refrigerate the tubes without preservatives until transported to the laboratory.

Once delivered to the laboratory, the Department of Health conducts standard DUI testing protocols. Those protocols will vary depending upon what is discovered within the blood. If evidence of alcohol is discovered in the blood, the exact blood alcohol concentration will be reported to the Police Department who is then obligated to report that information to the Defendant within 30 days of the blood draw.

However, if evidence of drugs are identified within the blood the sample may be sent for further testing. If the blood tests for the presence of marijuana, the Rhode Island Department of Health will conduct further testing to determine the amount or concentration of the marijuana within the blood. If the blood tests for the presence of other drugs, the blood is typically sent to an out-of-state laboratory for testing to determine the amount or concentration of drugs in the blood.

Challenges to the Use of Blood Test Evidence in Rhode Island Criminal DUI Cases

As an experienced Rhode Island DUI Defense Lawyer, Attorney Matthew Marin has successfully challenged the admissibility of blood test results in DUI cases on dozens of different grounds. Some of the challenges we have successfully argued include:

• Lack of Consent– Client was unconscious at the time of the blood draw / Did not understand their rights
• Chain-of-Custody / Integrity of Specimen– Police were not able to explain how the blood was preserved and transported
• Improper Testing– A sanitizing agent “devoid of alcohol” was not used; hospital protocol requires an alcohol swab
• Confrontation Clause Issues– Blood tested out-of-state requires witness testimony from the technicians who did the test
• Licensed / Registered Nurse– The Nurse who conducted the blood draw is required to establish their qualification(s)

Conclusion: Protect Your Rights Against Faulty Blood Test Evidence in DUI Cases

If you’ve been charged with a DUI in Rhode Island based on blood test evidence, it’s crucial to understand that this evidence is not always foolproof. There are numerous protocols and regulations that must be followed for blood test results to be admissible in court. At Marin & Murphy Law Firm, we have successfully challenged blood test evidence in countless DUI cases, exposing procedural errors and protecting our clients’ rights. Don’t leave your case to chance—contact us for a free, no-obligation case analysis and let our experienced Rhode Island DUI defense team build a strong defense for you. Call us at (401) 228-8271 or complete our CONTACT FORM today.

Meet Our Experienced Rhode Island DUI Blood Test Defense Attorneys

MATTHEW T. MARIN, ESQ.

PARTNER

• Successfully argued for suppression of breath test results in landmark 2015 Rhode Island District Court cases (including State v. Zimmerman), challenging the adequacy of the state’s DUI Rights for Motorists form— leading to multiple judicial rulings finding the form misleading and ultimately prompting the Rhode Island Attorney General’s Office to revise the form statewide to better inform motorists of their rights under amended DUI laws
• Through a firm associate, successfully argued and prevailed in the Rhode Island Supreme Court case
  State v. Corcoran (R.I. 2022), affirming the suppression of incriminating statements in a DUI investigation—establishing key precedent that roadside questioning after a collision and failed sobriety tests constitutes custodial interrogation requiring Miranda warnings, significantly strengthening protections for defendants in impaired driving cases statewide. Successfully argued by Attorney Marin in the Washington County Superior Court.
• Member of the prestigious National College for DUI Defense (NCDD)
• Handled thousands of DUI cases, focusing on breath, blood, and urine test challenges
• Selected to Super Lawyers every year since 2014 | National Trial Lawyers Top 100
• Avvo Rating: 10.0 “Superb” | Martindale-Hubbell: AV Preeminent
• Featured in Rhode Island Bar Journal articles on DUI defense strategies
• Admitted to the Rhode Island Supreme Court (2008) and U.S. District Court for Rhode Island
• Deep expertise in 2025 RI DUI law changes, including the expanded 10-year look-back period

Learn more about Matthew T. Marin →

STEFANIE A. MURPHY, ESQ.

PARTNER

• Lead editor and contributing author of the authoritative
  A Practical Guide to Trying DUI Cases in Rhode Island
  (2nd Edition 2024, MCLE New England), a comprehensive legal resource offering in-depth analysis, practical guidance, current case law, statutory authorities, sample pleadings, checklists, and proven strategies for defending and prosecuting DUI cases in Rhode Island—essential for attorneys navigating complex drunk driving litigation in the state
• Invited by the Rhode Island Municipal Police Training Academy to lecture and demonstrate DUI trial practice and defense strategies to incoming municipal police recruits—sharing in-depth knowledge of Rhode Island DUI prosecution and defense tactics with future law enforcement officers statewide, underscoring her recognized expertise in impaired driving litigation
• Extensive courtroom experience defending DUI and serious criminal charges including Second Offense DUI Charges and Felony DUI Charges
• Focus on achieving charge dismissals and reductions for clients
• Avvo Rating: 10.0 | Martindale-Hubbell Peer Rating: 4.6/5.0
• Recognized for outstanding results across a broad spectrum of criminal cases
• Expertise in 2025 RI DUI law updates and aggressive trial representation
• Advanced training in criminal defense and DUI litigation
• Admitted to the Rhode Island Supreme Court (2004) and U.S. District Court for Rhode Island

Learn more about Stefanie A. Murphy →