The Potential Problems with the Prosecution’s Chemical Evidence

In a majority of Sacramento DUI cases, the lynchpin of the prosecution’s case is its chemical evidence, which usually comprises the defendant’s test results. However, the key weakness of this type of evidence is that it is only admissible if it was procured in accordance with strict standards regarding the qualifications of the person administering the test and the test procedure used, as well as the calibration maintenance and repair of the equipment used.

These requirements become even more stringent with blood and urine testing, where the samples are sent to a lab. In such a case, every person who handled your sample must have done so in accordance with protocol. Each technician using the equipment must have been trained. The facility overall must have been inspected on a regular basis. In general, there are more people whose qualification must be checked, more equipment that could be faulty, and more potential problems overall.

Even with all these other factors in perfect order, a compromised sample could still invalidate the entire test. For example, if the technician accidently used a swab soaked in alcohol to clean your puncture site for a blood test, that alcohol could get into the sample and result in a test result that is much, much higher than it should be.

Furthermore, other forms of chemical testing are not very reliable, even when everything goes perfectly. A good example is urinalysis, which has had its reliability as a blood alcohol content test frequently challenged in court.

All of these factors can lead to the suppression of the evidence in trial.

Another important consideration is whether or not you refused to submit to any chemical testing. The prosecution may attempt to paint your refusal as an attempt to hide evidence. A knowledgeable Sacramento DUI defense attorney must be able to show that you had legitimate reasons for refusing to submit to testing.

Whatever the strategy may be, having an experienced Sacramento DUI attorney on your side is vital if you want to fight your DUI charges. Call Param Pabla today to schedule a free initial consultation.

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