During a trial, jurors may imagine that blood and urine tests are conducted with individual attention by meticulous laboratory technicians. Your experienced Orange County DUI lawyer knows that nothing could be further from the truth. More often an analyst leaves the lab while tests are run by machines.
For an example, read this condensed version of an exchange between an expert witness from a lab and a knowledgeable defense counsel:
Defense Counsel: Did you conduct the analysis of my client’s blood?
Lab Analyst: Yes.
Defense Counsel: What equipment did you use?
Lab Analyst: A gas chromatograph.
Defense Counsel: Did you analyze only the defendant’s sample or were there others analyzed during the same run?
Lab Analyst: There must have been others.
Defense Counsel: Did you run several dozen tests at the same time?
Lab Analyst: Most likely. That is what we do.
Defense Counsel: How long did it take?
Analyst: A couple of hours.
Defense Counsel: Were you in the room at all times during the analysis?
Lab Analyst: No, the equipment is automated.
You can see that a simple description of the process reveals possible lack of care that might aid the defense. Could samples or results have been mixed, switched or processed in error? Without the lab technician present, the jury may not be confident in the results. Your expert Orange County DUI lawyer knows all of the details about the tests and how to interview witnesses to show juries the shortcomings of the people and technologies. Get in touch with a local attorney who knows the finer points of the law, methods, technologies, and courts by calling Coffey & Coffey at (800) 706-7888.