01/30/2020
These pages are only two of many very important forms that should be examined in any DUI case. From these two pages alone, an experienced attorney may be able to determine that a client's blood test is entirely inaccurate. In a truly scientific procedure, sample integrity is probably the most important aspect. From just these two pages, one may be able to determine that a pipeter had not been properly calibrated, the sample tested was not the client's because the vial position number does not match the number on the chromatogram, the instrument has not been properly maintained and calibrated, etc. When, and only when, each and every step in the process is done in the proper manner, with properly maintained equipment and properly maintained instruments, by properly educated persons, can we consider the possibility that the blood test results are accurate. There is no question that mistakes are made due to human error. Although unintentional, these mistakes cost people their freedom and the "privilege" to drive. These mistakes, shortcuts, and/or failure to adhere to proper scientific standards are the reason a number of people end up convicted of a DUI although they are innocent. When I see a video with a person that appears to be completely sober with a blood test result of a .25, I know that someone made a mistake. No matter your tolerance, at that level, even the most seasoned of drinkers would display obvious signs of impairment. The reason his or her blood test results are so high could be from a number of poor practices by the testing facility. One being improper equipment maintenance. Another probability is sample vials being placed in the wrong order on the sample tray or an improperly inspected and maintained automated instrument improperly positioning sample vials. This would cause person A's sample to be switched with another person's sample. In this scenario, person A, who may have only been a .049, which entitles him or her to the presumption that there was no impairment, could have his or her sample switched with person Q's sample at a .25. The result is obvious. Q benefits tremendously, and A is unjustly punished. In most cases, a lab technician prepares samples, places them into the sampling tray, turns the machine on and the testing results (chromatograms) are printed out and waiting when everyone comes back to work the following day. Usually the analyst is not even the person doing any of the actual testing. Rather, the analyst generally just looks at the chromatograms and writes a one page report based off what came from the printer. To make matters worse, a DUI defendant is provided with only the one sheet of paper with the analyst's interpretation of the testing results. This is because that is the only thing given to the prosecutor. Ask yourself why is this information (and so much more) kept away from the attorney prosecuting the case as well as the defendant. The lab has it readily available. A simple e-mail containing all the important details that need to be examined is all that is simple and cost effective way to provide a DUI defendant with the information they are entitled to ; however, obtaining complete information regarding your blood test is made unduly difficult and burdensome. You should know that under Georgia law you are entitled to full information concerning your blood test and there are hundreds of reasons why you should vigorously demand that the law be followed by the government and your rights should be enforced.
