Orange County Crime Lab Blood Error Effects More DUI Defendants Than Government Acknowledges

Posted on February 08, 2018 in Uncategorized

The District Attorney of Orange County California and the Orange County Crime Lab have acknowledged that errors were made in the calibration of their blood testing equipment in DUI cases which effected the final analysis of forensic blood tests. Their public comments however minimize the scope of the problem by suggesting that the only citizens effected by their forensic flaws were those with marginal blood alchol levels in the 0.08% range and then boldly profess that they successfully prosecute drivers with blood alcohol levels of 0.07%. These public relations minimalizations deflect attention from the fact that many more citizens have been impacted by this calibration error. In California, under Vehicle Code Section 23538(b)(2) and Vehicle Code Section 23556(b)(3) drivers whose blood alcohol levels are above 0.15% and 0.20% are subject to ehanced penalties which include longer alcohol programs of 6 – 9 months instead of the 3 month program. These "Enhancement Programs" not only last 2-3 times longer but cost 2-3 times as much and extend a citizen's license restrictions until these programs are completed. The District Attorney has an ethical responsibility to notify all defendants who may be impacted by enhanced penalties for blood alcohol levels at or near the 0.15% or 0.20% levels. Defense Attorneys must also review their records and identify clients who may have been impacted and take action to strike enhancements where appropriate.

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