When a DUI Lawyer crafts a Los Angeles DUI Defense, he must first analyze everything involved in the case against his client. From the time of day the DUI Stop happened to the way the officer conducted the Sobriety Test to the way the defendant's blood alcohol content was calculated, everything must be taken into consideration. When it comes to designing an effect Los Angeles DUI Defense, a defense attorney will pay special attention to the Blood Alcohol Science used by the prosecution.
Recently, in Colorado, seven DUI cases were dismissed (as well as charges being reduced in two other cases) because there were faulty tests and inaccurate Blood Alcohol Science employed by the crime lab. The officials involved state that the problems resulted from the way a solvent was used by a chemist during the testing. Of the over 7,800
Blood Alcohol Science tests given, a total of 206 errors were discovered. In fact, of the nine cases mentioned above, five people were serving jail time. That means about 2.5 percent of all DUI cases examined by this once lab over the last four were inaccurate.
Blood Alcohol Science might be portrayed as air tight by prosecutors, but there are numerous problems with the entire process. Human error, such as the cases above with a mishandled test by a technician, is just one example. The following are just some of the problems with the type of Blood Alcohol Science employed by law enforcement:
Absorption - Police cannot fully examine how alcohol was absorbed into the blood of the alleged DUI violator.
Distribution - Every system in nature strives for balance, which means the human body will distribute the alcohol evenly. The timing of the distribution can greatly affect a person's BAC.
Elimination - How was the alcohol eliminated from the body. Healthy people can eliminate alcohol from their body's easier than unhealthy people, but the process is actually more rapid with a higher level of alcohol in their system.
Body Weight and Body Type - One major problem in measuring someone's BAC with Blood Alcohol Science is how much the person weighs, how much muscle mass they have, etc. The less you weigh, the more you will be affected by a given amount of alcohol. However, police and the courts never take a person's body weight or mass into consideration when calculating their
Blood Alcohol Science tests.
As you can see, there are quite a few problems with the way courts employ Blood Alcohol Science, and only a qualified, skilled Los Angeles DUI Defense Attorney will be able to expose the failings of the system. Contact the LA DUI Lawyers at Kestenbaum Eisner & Gorin, LLP at 877-781-1570 if you or someone you love has failed a BAC test.