Blood Analysis Defenses

Even if the prosecution has blood analysis results to use as evidence against you, your DUI case has not yet been decided. An experienced DUI lawyer in Sacramento knows the flaws behind even “objective” pieces of evidence like this and can use those flaws to your advantage.

Your attorney will typically deal with such evidence by making sure that the jury knows that blood sample analysis is largely automated. Influenced by television shows such as “CSI,” jurors tend to have a romanticized view of what happened in a forensics lab, in which scientists carefully scrutinize blood samples under microscopes. A good DUI defense attorney anticipates this and works quickly to reveal to jurors what actually happens in the lab.

Your attorney might do this by cross-examining the lab technician who conducted the test. Using such a strategy, your attorney would ask the technician if he performed the analysis. The technician will likely confirm this. Your attorney follows up by asking the technician if he used a machine to do this, which he did.

Your attorney might then follow up by asking if the technician simultaneously analyzed other sample at the same time. Your attorney might be able to use this fact to show exactly how little human oversight goes into such a test.

Your attorney should press the analyst if he gives any answers that are not specific: “There were only a few other samples,” or “I check most of the samples.” Witnesses often give these answers when they do not want to give the actual number.

A successful cross examination in this manner ends with the DUI defense attorney asking the analyst exactly what he does during the analysis. He should ask the analyst if he ever left the room and why he was able to leave the room. The analyst will eventually be forced to admit that the process is automated and that he doesn’t even really need to be in the room as the tests run.

With this strategy, a skillful DUI lawyer in Sacramento can undermine the case’s strongest piece of evidence and increase the odds of a favorable decision for you. Make sure you have one on your side. Call dedicated DUI lawyer in Sacramento Param Pabla today for a consultation.