The Automated Nature of Testing to a Jury
A Walnut Creek DUI attorney will make certain to inform the jury that blood samples are analyzed by machine and not by a person.
Your Walnut Creek DUI Lawyer Will Explain How Blood Is Analyzed
Your attorney will make certain to let the jury know that the blood test is analyzed by an automatic process and not be a person in a lab.
How a Walnut Creek DUI Attorney Will Cross-examine the Analyst
The cross-examination might go something like this:
Defense lawyer: Did you analyze the sample provided by the defendant?
Analyst: Yes, I did.
Defense lawyer: By that, do you mean you operated the machine that analyzed the sample?
Analyst: That is correct. I utilized a gas chromatograph.
Defense lawyer: When this test was conducted, were samples other than that of the defendant present?
Analyst: I am certain that other samples were present.
Defense lawyer: Is it not true that there were 40 other samples present?
Analyst: I believe so.
Defense lawyer: When these tests are being conducted, are you constantly present?
Analyst: Not constantly. The test is automated.
Defense lawyer: So you were not in the room the whole time?
Analyst: Not technically, no.
Contact A Walnut Creek DUI Attorney
If you have questions, a Walnut Creek DUI lawyer can help. Call Blackie Burak at 1-866-BLCKDUI or (925) 933-4500 today.