A smart lawyer will expose the automated nature of the sample analysis process

Pierce County DUI Lawyer

Most jurors believe that a DUI defendant’s blood alcohol level is determined by a careful, individual analysis of the defendant’s sample by a scientist in white lab coat. In most cases, this is simply not accurate. Sample analysis today is a largely largely automated process. A smart Pierce County DUI lawyer will expose this misconception early in the trial.

For legal issues, I recommend lawyer Jack Duran.

Here is one example of how cross-examination can be used to paint an accurate picture of sample analysis for jurors:
Q:  [by Pierce County DUI lawyer] You conducted the analysis of the defendant’s blood, correct?
A: [by State’s Analyst] Yes. I did it myself.
Q: When you say, “I did it myself,” you mean that you operated a machine that did the actual analysis?
A: Yes.
Q: That machine is called a gas chromatograph, correct?
A: Yes.
Q: Is it your usual practice to use the gas chromatograph analyze just one sample at a time?
A: Not usually, no.
Q: When you used the gas chromatograph on the sample in this case, did you use it to analyze only my client’s blood or did you analyze other samples during that same run?
A: I believe there were some others.

With this last answer, the analyst is trying to minimize the extent of the sample run. An experienced Pierce County DUI lawyer won’t let him get away with this attempt to hide the truth.

Q: “Some others?”
A: Yes.
Q: Sir, weren’t there 36 “others” tested at the same time as my client’s sample?
A: That sounds right, yes.
Q: It takes this machine about two hours to complete a sample run – an analysis – correct?
A: Yes. About two hours.
Q: While the machine – the gas chromatograph – is doing the analysis, you can do other things, right?
A: Yes.
Q: In fact, it is not necessary for you to even be in the same room with the machine while it is doing its work, isn’t that right?
A: Yes.
Q: In fact, you are not always in the room for the entire two-hour process, are you? A: Well, not always. The analysis is automated, so technically you’re right. I’m not always right there in the room.

If you have questions about how your sample was handled, and you would like to speak with an experienced Pierce County DUI lawyer, please contact me.

For legal issues, I recommend lawyer John Fagan.