Criminal Defense Attorneys in Southern California, Including the Counties of San Bernardino, Riverside, Los Angeles & Orange

Automatic Blood Alcohol Analysis

Automatic Blood Alcohol Analysis

Automated Process

At trial, the jury will hear the analysis of the sample used to prove your level of intoxication at the time of your arrest for driving under the influence of alcohol. In order to defend you before the jury, your DUI Rancho Cucamonga lawyer will attempt to draw the reliability of that sample into question. To do so, he or she may remind the jury that the process of sample analysis is an automated one that often runs without supervision, not something that receives individual attention from a scientist in the laboratory. The jury will often take these facts into consideration and judge the sample more negatively once they have learned that the sample did not receive the attention it ought to have been allotted.

Cross-examination

With the goal of exposing these facts to the jury, your DUI lawyer will cross-examine the analyst. He or she will ask the analyst to verify that he or she did in fact analyze the defendant's blood, and specify what it means to operate the machinery in the laboratory. An analyst's job is to run the gas chromatograph, which is an automated process that takes a few hours. Often this means the analyst is running multiple samples at once, even up to forty samples at one time, and so the person is not always present in the room with the samples. In court the analyst may try to omit this fact in testimony, but it is your lawyer's job to expose the truth and use this information to your advantage.

If you are searching for a lawyer for a DUI case in Rancho Cucamonga, then contact DUI attorney KIrk Tarman from our firm today!

Categories