Minnesota crime lab's expired solution raises DWI case doubts

Minnesota BAC test results questioned

Blood-alcohol sample results from a crime lab that services three Minnesota counties are under criticism for potentially using an expired test solution. FOX 9’s Mike Manzoni spoke with one defense attorney raising issues about the results, and whether or not they should be used.

MINNEAPOLIS (FOX 9) - A defense attorney is challenging the reliability of blood alcohol test results from a Minnesota crime lab.

'We believe he was erroneously charged': attorney

What we know:

Roseville-based attorney Chuck Ramsay argues that the lab admitted to using an expired solution for testing blood alcohol samples in July 2023, potentially affecting the accuracy of the results. According to a letter, the lab said nine cases were impacted.

What they're saying:

"There’s no trust me in science, and what the lab is asking us to do is just trust them," he said. "That what they found – that what we found – doesn’t affect the test results."

According to a letter, the Midwest Regional Forensic Laboratory, which serves Anoka, Wright and Sherburne counties, maintains that the results are still reliable despite using the expired solution.

The backstory:

This is not the first time the lab has faced scrutiny. In 2010, it admitted that urine alcohol test results were about a third higher than they should have been.

Impact on DWI cases

Ramsay said the use of an expired solution could unfairly impact individuals, leading to loss of driver's licenses, criminal charges and other serious consequences.

The attorney's client's DWI trial has been delayed due to the lab's admission, and there is ongoing concern about the accuracy of the test results.

The other side:

In a statement on Wednesday, the lab said, in part: "All nine affected test results remain valid. As soon as the issue was discovered, the laboratory reviewed the cause, isolated which tests were involved and implemented new procedures to prevent expired standards from remaining in inventory going forward."

The lab also added that, "the standard is considered ‘expired’ only because the company stops testing it after five years – not because it becomes unstable. These standards are sealed in glass vials, which limits evaporation and helps maintain consistent concentration."