Blood Alcohol Testing Defenses for Michigan DUI CasesJessica Sanchez2020-04-08T13:13:26-04:00
Blood Alcohol Testing Defenses for Michigan DUI Cases
(Pictured left to right: MSP Lansing Laboratory Supervisor Geoffrey French, criminal defense attorney Barton Morris, Controlled Substances Technical Leader Elizabeth Gormley and Toxicology Technical Leader Nicholas Fillinger)
Currently, the Michigan State Police Forensic Science Division in Lansing is responsible for the evidentiary testing of all blood samples for the presence and amount of alcohol and drugs for all drunk and drugged driving prosecutions. These blood tests are often considered to be very strong evidence for the prosecution and most attorneys believe that their results cannot be effectively challenged. That is not true.
There are several avenues of attack on blood testing that only a drunk driving specialist attorney will be able to successfully utilize.
The MSP-FD forensic scientist must testify to properly admit their results. Only a specialist with a very good understanding of how they test for alcohol or drugs in blood can effectively cross examine them and find a reasonable doubt including the following issues.
Did they follow their department rules to the letter when testing the sample?
Did they use proper internal standards (necessary for comparison and quantitative analysis)?
Were sufficient blanks run, to ensure the alcohol from one sample is not improperly counted in the next sample (carryover)?
Where the reports the testing instrument created (chromatagrams) interpreted properly?
The MSP-FD is underfunded and undermanned. Due to these conditions they believe they can cut corners, modify and eliminate proper procedures. The lab must be challenged on these non conforming practices.
Why Choose Barton Morris
Challenging blood test results must be done with effective pre-trial motions and effective cross examination of the arresting police officer, forensic scientist and phlebotimist at trial.
Barton Morris is trained and experienced with making all of the above arguments effectively. Most criminal defense attorneys are not.
Barton Morris graduated from the Axion Lab’s Hands On Forensic Chromatography Course where he was taught the theory behind blood alcohol testing and learned hands on how to prepare a sample and test blood for alcohol using an actual gas chromatograph with a flame ionization detector exactly as performed at the Forensic Science Department of the Michigan State Police. Barton also learned how to perform regular maintenance upon the instruments including changing the columns and septums. Barton Morris is one of three attorneys in Michigan who have completed the course and the only one in Metro Detroit.
The Hands On GC Course allowed Barton to have the unique experience of performing the same blood alcohol testing just as is performed at the MSP-FSD. This specialized training is invaluable when fighting a blood alcohol OWI prosecution. Further, Barton Morris now owns the same Chromatography Thermo Quest software used by the MSP Forensic Science Division to perform an independent analysis of the raw data that is generated in the testing of each blood alcohol and/or drug OWI case in the State of Michigan, right in his own office.
Barton Morris has the knowledge, equipment, expertise and practical experience to effectively fight a blood alcohol or drug OWI case that consistently leads to great results for his clients.
Call our DUI lawyers in Michigan at (248) 541-2600 to learn more about how we can help you.
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