Automated Analysis Process
In the event your case comes to trial, it will be important for your DUI defense lawyer in Orange County to inform the jurors that your sample was analyzed with a largely automated process. Many times jurors are under the mistaken assumption that the state gave the defendant’s sample individual attention by having a scientist examine the sample through a microscope. Your Orange County DUI attorney will need to correct this notion early. Often, the analyst who is conducting the analysis is not even in the room during the run. The following example of a cross-examination demonstrates this point:
Defense Attorney: Did you perform the analysis of the defendant’s blood?
Analyst: Yes, I performed it myself.
Defense Attorney: When you acknowledge that you performed the analysis yourself, do you mean that you operated a machine that did the actual analysis?
Analyst: Yes, I performed the analysis on a gas chromatograph.
Defense Attorney: When you performed the analysis on the gas chromatograph, was the defendant’s blood the only sample analyzed, or did you analyze other samples during the run?
Analyst: I am sure there were some others.
In this case, the witness is unnecessarily trying to minimize the extent of the run. Witnesses get into problems when they shade the truth. Witnesses often learn that they can regularly get away with this type of behavior, since the attorney frequently is not as knowledgeable concerning the facts as the witness is.
Defense Attorney: “Some others?” Were there not 40 “some others” tested?
Analyst: I believe so.
Defense Attorney: Does the process take a couple of hours?
Analyst: Yes, about that long.
Defense Attorney: When you yourself are doing these tests, are you always present in the room during the whole time the analysis is being performed?
Analyst: Well, I’m not always there the whole time, but it is automated.
Defense Attorney: So your answer to the question is that you are not necessarily even in the room while the blood analysis is being performed?
Analyst: Yes, technically that is correct.
If you have been charged with a DUI and would like more information, please contact a DUI defense lawyer in Orange County by calling Coffey and Coffey at 800-706-7888.