Criminal Defense in Orange County

Cross-Examining the DUI Blood Analyst

If you are the defendant in a DUI case, chances are that your case may eventually go to trial. Your Orange County criminal defense lawyer has numerous weapons in his defense arsenal; what is used will depend on the specifics of your case. One of these weapons is a means of countering the testimony of the blood analyst. Assuming you have a positive test result for intoxication from a blood sample, the prosecution will most likely put the blood analyst on the stand.

The jurors may view the blood analyst's testimony as very credible, but your attorney can elucidate a point that may work in your favor. Jurors tend to think that blood analysis is done on an individual basis, but this is often not the case in real life. Combine this misconception with a tendency to distrust automation, and the jury may begin questioning the blood evidence.

Jurors will likely be surprised to learn that blood analysis is conducted with an automated process called gas chromatography. When your lawyer questions the blood analyst on cross-examination, he may begin with bringing this fact to light. He may then ask the blood analyst if other samples were tested at the same time.

Since the analyst is accustomed to lawyers who are not knowledgeable of the test procedures, he will likely skirt the truth by saying that a few other samples may have been tested concurrently. Your lawyer will then ask questions that force him to admit that some 40 other samples were tested at the same time. When the jury then hears that the analyst was not even in the room when much of the analysis was taking place, they will be more likely to doubt the witness and the test itself.

When a witness colors the truth, jurors begin to doubt the testimony. If you are facing a DUI trial, call dedicated Orange County DUI attorney Barney Gibbs for an evaluation of your case. The initial consultation is free of charge, so do not hesitate to contact The Law Office of Barney B. Gibbs today.

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