Defenses To Blood Tests In DUI Cases Part 3

Here are some additional defenses to blood tests in DUI cases.  This is by no means a complete list of all defenses, but intended to give people an idea that a test over is not hopeless to defend against. 

The designated laboratory director did not monitor the work performance and verify the skills of the laboratory technicians involved in the testing of the Defendant’s blood sample pursuant to O.A.C. 3701-53-06 (D) (4).

The designated laboratory director did not ensure that the procedures manual referred to the criteria the laboratory used in developing standards, controls, and calibrations for the technique or method involved in analyzing the Defendant’s sample pursuant to O.A.C. 3701-53-06 (D) (5).

The designated laboratory did not ensure that a complete and timely written procedure manual was available and followed by the laboratory technicians during the analysis of the Defendant’s blood sample pursuant to O.A.C. 3701-53-06 (D) (6).

If the designated laboratory director was replaced, another permitted laboratory director was not designated pursuant to O.A.C. 3701-53-06 (E).

The person analyzing the Defendant’s blood sample did not have a laboratory technician’s permit and was not under the general direction of a laboratory director pursuant to O.A.C. 3701-53-07 (A) (1).

The laboratory technician who analyzed the defendant’s blood did not conduct a technique or method of analysis that is listed on the laboratory director’s permit pursuant to O.A.C. 3701-53-07 (A).

The laboratory technician who analyzed the Defendant’s blood did not complete the proficiency exam, administered by a national program for proficiency testing for the approved technique or method of analysis used to test the Defendant’s blood, in a satisfactory manner, pursuant to O.A.C. 3701-53-07 (A) (2).

The designated laboratory director has not certified the laboratory technician who analyzed the Defendant’s blood as competent to perform all procedures contained in the laboratory’s written procedure manual for testing specimens, pursuant to O.A.C. 3701-53-07 (A) (2).

The laboratory technician who analyzed the Defendant’s blood did not meet the requirements as set forth in O.A.C. 3701-53-07 (A) (2) (a-d).

The Defendant’s blood sample was not analyzed in the laboratory by a person who has a laboratory director’s permit or, by a person who has a laboratory technician’s permit under the general direction of the laboratory director, pursuant to O.A.C. 3701-53-07 (E).

The person analyzing Defendant’s blood, if he/she is a laboratory technician, did not conduct a technique or method of analysis that was listed on the laboratory director’s permit, pursuant to O.A.C. 3701-53-07 (E).

The director of the laboratory where Defendant’s blood was analyzed does not meet the qualification for said laboratory director’s permit pursuant to O.A.C. 3701-53-07 (E (1).

The laboratory technician who analyzed the Defendant’s blood did not meet the qualifications for a laboratory technician’s permit as set forth in O.A.C. 3701-53-07 (E) (2).

The person analyzing the Defendant’s blood was not subject to surveys and proficiency examinations as required by O.A.C. 3701-53-08.

The person who analyzed the Defendant’s blood did not have a permit as required by O.A.C. 3701-53-09.

The enzymatic and gas chromatographic methods, used to determine the amount of alcohol in a specimen were not checked each testing day for proper calibration with solutions containing ethyl alcohol under the general direction of the designated laboratory director, pursuant to O.A.C. 3701-53-04 (D).

 

Need Professional Help With Your DUI arrest in Southwest Ohio or near Cincinnati?

 Then Contact Suhre & Associates for your FREE Consultation using the contact form to the left or call our 24 hour Emergency Number at 513 333 0014.  Your attorney must be familiar with the procedures utilized in administering the chemical test as well as the procedures used to maintain and calibrate the testing equipment. At Suhre & Associates, our attorneys are familiar with the law and procedures used to calibrate the breath testing machines as well as the procedure used in administering chemical tests to a suspect.

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