Abstract:
The reliability and accuracy of blood alcohol concentration results presented in South African courts
in respect of possible driving under the influence (DUI) cases, have in recent years been subjected to
intense scrutiny and severe criticism. Research has shown that multiple factors may negatively affect
the reliability of results obtained from the analysis of such samples – including inappropriate or nonstandardised
sample management. In particular, long delays between sample acquisition and analysis
may compromise the validity of results. Such delays may also negatively affect the outcome of both
criminal and civil legal proceedings in possible DUI cases. A retrospective descriptive study was
conducted on records from the Pretoria Forensic Chemistry Laboratory (PFCL) regarding the relevant
dates pertaining to blood samples from deceased persons that were received for analysis. The
parameters included the dates of sample acquisition at medico-legal mortuaries, delays in submission
of samples to the laboratory, and dates of actual analyses. In addition, the expiration dates of sample
collection kits were recorded. Our results show that numerous expired kits were utilised and that
there was an average delay of approximately five months between sample acquisition and laboratory
analysis. This delay period varied greatly but appears to correlate with geographical distances of
medico-legal mortuaries from the PFCL. In order to optimise and facilitate the administration of justice
in both criminal and civil cases of alleged DUI, these shortcomings should be urgently addressed.
It is argued that the implementation of prescribed measures and standard operating procedures in sample management, together with interventions such as accreditation of laboratories and improved
resourcing of medico-legal and toxicology laboratories, is urgently required.
