If you have been charged with
DUI based on the results of a blood or urine test, your lawyer will want to
do everything in his or her power to challenge the accuracy of the results.
To do this, he or she will need to obtain all information relating to
the testing. One key area to analyze is the methodology used for the test.
Your Orange County criminal defense lawyer will want to review the specific
procedures of the testing laboratory to determine whether it was faulty
in any way.
Your lawyer will collect a portion of the
blood or urine sample you gave, the lab technician's chart notes, the actual chromatograms
from your test, and all information relating to controls used by the laboratory
to ensure your results are reliable. Also, your attorney will request
records reflecting the statistical accuracy of the methodology used, including
proficiency tests and accuracy checks. This evidence may show that the
test administered to you is too unreliable to be used against you or that
your results arose from human error in the lab rather than actual intoxication.
Further, your attorney will investigate whether all the equipment used
for your test was operating properly when your sample was analyzed. This
entails obtaining maintenance records for the particular device used to
measure your blood or urine sample. Typically, your lawyer will seek records
for periods of several months immediately preceding and following the
time your sample was analyzed. If there are any irregularities in the
records, your lawyer may be able to argue that your test results are invalid
and should not be used as evidence against you. Keeping the results out
of your trial may require testimony from an expert witness in the area
of blood and urine testing.
If you have been charged with DUI and need professional assistance, please
contact The Law Office of Barney B. Gibbs for a
free initial consultation.