O.C. Lab Error Leads to Inaccurate DUI Results
Posted by Unknown on Sunday, January 05, 2014 with No comments
Last
November, the Los Angeles Times reported a lab error that caused a
stir among DUI (driving under the influence) cases pending in Orange
County. It was feared that the Orange County Crime Lab has produced
inaccurate blood alcohol results in 2,200 cases filed by prosecutors
in 2013.
The
incident has led prosecutors to send correspondences to people with
pending charges feared to be included in the miscalculation—including
900 who were convicted. Statements from crime lab officials say that
the “human error” took place over almost five months with
mistakes in the forensic examination of blood alcohol content.
Orange
County Crime Lab Director Bruce Houlihan shared that the facility
discovered the alarming flaws in its analysis early in October while
conducting a crucial audit caused by a wrongly calibrated instrument.
Lab testing would normally involve two machines before averaging
results. Late May of 2013, one of the five-calibrator data points for
levels of alcohol in the blood was entered incorrectly therefore
causing the glaring error of 0.003 percentage points affecting a
handful of results.
While
these officials claim that the miscalculation affected only 200
cases, with a mere 20 blood alcohol test levels dropping below 0.08%,
a veteran DUI attorney in Orange County would accept no excuses. A
group of known DUI attorneys stressed that the erroneous lab testing
will affect many more than they claim, as sentences and negotiations
are based on how far over the legal limitations a motorist was
determined to be.
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