Flawed blood draw procedures in DUI cases not uncommon

Image via WikipediaEvery jurisdiction has specific procedures in place for DUI blood draws. These procedures exist for a very good reason: to prevent improper draws that could result in flawed test results and the subsequent conviction of innocent people. However, it's not uncommon for local police departments to ignore the important procedures in place and allow unlawful blood draws to occur. This recently happened in Tracy, California. As explained in this Recordnet.com article, for almost 8 months, the Tracy Police Department allowed firefighters to draw blood from suspected drunk drivers. This occurred even though California law specifically excludes firefighters from drawing blood for DUI cases since they are not certified paramedics. According to the article, this error is expected to have an impact on pending and closed DUI cases:

Gil Somera, a Stockton attorney who has defended clients charged with driving drunk, said the validity of the blood sample is vital to a DUI case.

"It is probably the most important component of the evidence," he said.

Somera said the fact that the blood was drawn by firefighters could affect closed cases.

A similar issue was encountered in Indiana last year, resulting in a change to the state's DUI laws, as described in a recent WIBC.com article:

The Indiana Court of Appeals ruled a year ago the law doesn't let a lab technician do your blood-alcohol test -- the law says "certified phlebotomist," and Indiana has no such certification. In March, legislators eliminated that language, and said anyone with the proper training, including a lab tech, can take blood -- but they still have to follow established protocols, or be under the supervision of a doctor.

However, even after the Indiana law was amended to expand the classifications of people authorized to draw blood, local police departments still allowed unqualified people to draw blood for DUI cases. As explained in the article, in one recent case, an unsupervised and unqaulified lab technician drew blood in the absence of any protocols. Accordingly, the blood test results obtained from the blood draw have been held to be inadmissible, resulting the dismissal of the DUI-related charges pending against David Bisard. The danger of DUI blood and breath testing is in the inaccuracy. There is so much room for error, whether from faulty equipment, errors in the underlying software programming, calibration errors or human error in obtaining the breath or blood sample. These cases are further examples of how error-prone these procedures can be and just go to show that what at first glance might appear to be a fool-proof case against someone accused of DUI, in many cases, is just the opposite.

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Datamaster calibration errors in Alaska

Image by Getty Images via @daylifeAlaska now joins the ranks of municipalities investigating errors in calculating BAC levels in suspects charged with DUI. As we've discussed in the past, other states include Pennsylvania, Colorado, California, and Indiana. In Alaska, it recently came to light that the Datamasters used to conduct BAC testing in over 2500 cases over the last few years were calibrated improperly. The specific problem is explained in this Anchorage Daily News article as follows:

The problem involves dry gas tanks, also known as “alco bottles,” used in confirming the accuracy of the DataMaster instruments, which drunken-driving suspects blow into to determine breath-alcohol content. The tanks contain a known sample of alcohol that the instrument measures before and after every test to ensure it is functioning properly. When the state crime lab prepares the bottles, the alcohol levels are measured 10 times and the results are entered into a spreadsheet, which calculates the average value. Because air pressure can affect the test results, the average value is then adjusted to a standard barometric pressure from what it was on the day the tank was tested. But back on Feb. 16, 2006, a trainee and an analyst thought the correction factor didn’t appear right and decided to invert the fraction, said Orin Dym, director of the crime lab. And because it was in a spreadsheet that calculated the values automatically, no one noticed until Dec. 8, 2009... By the time the error was discovered, 48 of the 663 tanks prepared in the years involved had been affected, according to the state. That means 2,465 tests were conducted with equipment that was prepared with the inverted fraction and that had been corrected for the barometric pressure in the wrong direction, according to the Department of Public Safety.

The state concedes that the equipment was tested using flawed quality control standards, but claims that the error didn't affect the actual BAC testing--instead, it allegedly impacted only the quality control checks that accompany each test. According to the State, only 2 DUI cases were affected by the error. Alaska criminal defense attorneys aren't buying that theory and at least one is already moving forward with challenging his client's DUI conviction. The Alaska calibration error is just one more example of how tenuous and error-prone the process of measuring blood alcohol levels can be. People's liberty lies in the balance--and in many cases, faulty lab test results or improperly calibrated breath test equipment is the deciding factor. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Latest Criminal Defense and DUI Links

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Here's a list of recent links from around the criminal defense legal blogosphere that are worth a second look:

• High Breathalyzer Results: Drinking...or Dieting?--DUI Blog
• The problem with (prescription) drugged driving--The Defense Rests
• Implied Consent: It Doesn't Matter if You Don't Understand--Pennsylvania DUI Blog
• Know Your Rights When it Comes to Police Stops--TalkLeft
• Are Bad Readings Coming Out Of Minnesota Intoxilyzers?--InjuryBoard Blog Network

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

"If you're drunk, take a cab" redux

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We've all heard the familiar refrain, "If you're drunk, don't drive, take a taxi." Seems like good advice, no? Well, maybe not. According to this article from The Australian, an inebriated Australian bloke too that advice a bit too literally:

The Cairns Post said the 21-year-old man allegedly stole the taxi from the central business district of Cooktown, North Queensland about 6pm (local time) on Friday.

Police allegedly found the driver, who was unlicensed, at home where he recorded a blood alcohol level of .209 per cent - four times the legal limit.

Yep, he followed the sage advice and took the taxi--can't blame him, right? The moral of this story seems to be that the next time you offer advice to one of your drunken friends, make sure to enunciate, speak slowly and use words that are free of misinterpretation, lest you end up bearing some responsibility for unknowingly encouraging your friend to go on a drunken crime spree. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Access to Computer Data is Imperative when Defending DUI Cases

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A recent New York Law Journal article discussed the important issue of defense access to computer data in "Database Access and the Defense." In it, the author, Ken Strutin asserts that evidence obtained from computer profiling and databases should be available to the defense and requires extensive judicial scrutiny before it reaches a jury. In support of his argument, he argues that a lot of computer-based data is less reliable than it seems, often including coding errors, and yet jurors are typically more likely to assume that this "scientific" data is fool proof. Examples of computer and scientific data that have been called into question include: 1) the source code for breathalyzers 2) poorly calibrated breathalyzer equipment 3) fingerprint databases, such as the Automated Fingerprint Identification System 4) DNA databases and 5) Vehicle Identification Number (VIN) databases. The importance of access to these databases during pre-trial discovery is imperative in order for criminal defense attorneys to mount a strong defense on behalf of their clients. The reason for this is simple: errors have been found, sometimes long after the accused has been imprisoned. Or, as aptly explained in the article:

"Certainty" is the bell that cannot be unrung, which is why in the light of re-evaluated forensic matching techniques, expert conclusions claiming "scientific certainty" are being carefully scrutinized.[FOOTNOTE 10]

Evidence drawn from computer profiling and database analyses deserves a long, hard look before reaching a jury. Legislatures and courts ought to uniformly recognize the essential right of the accused to contest computer-based identification or to access these resources to prepare a defense.

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Sleeping While Intoxicated-Not a Crime in Pennsylvania

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Last month, we learned that sleeping at the wheel while intoxicated isn't a crime in New Mexico. The issue in cases like this is whether the person asleep behind the wheel exercised sufficient control over the vehicle and elicited an intent to operate the vehicle. This very same issue was recently addressed by a court in Pennsylvania. As explained in this Times Leader article, the accused was found asleep behind the wheel of a vehicle with the engine running. When discovered by the police, he smelled strongly of alcohol and a subsequent blood-alcohol test later revealed he had a level of 0.197, nearly 2 times the legal limit. The Pennsylvania court reached the same decision as the New Mexico court, concluding that there was insufficient evidence to establish that that the accused actually operated the vehicle while intoxicated. The rationale for the judge's decision is explained in the article:

The vehicle was parked at the time Verdekal, 27, of West St. Mary’s Road, was discovered, and police could not prove that he had actually operated the car in an intoxicated state...

The key issue in the Verdekal and other cases revolves around a provision within the drunken driving statute that permits police to charge a driver - even if the vehicle is not moving - as long as the officer can show the operator was in “actual physical control” of the vehicle. The problem for police has been in how appellate courts have interpreted what constitutes “actual physical control,” McMonagle said...

(T)he courts have held that police must look at the “totality of the circumstances” in making that call. There must be some other evidence – such as the car being stopped in the middle of the road, or its tire up on a curb – that would indicate the driver had driven the vehicle while intoxicated prior to the arrival of police at the scene.

Once again, the court's decision focused on evidence of control over the vehicle, rather than simply the fact that he was found behind the wheel of a stationary vehicle while in an intoxicated condition. This makes sense. After all, the intent behind DUI laws is to prevent people from driving while intoxicated, since that's when the risks inherent in driving while intoxicated kick in. If you drive a car while under the influence of alcohol, you put others on the road at risk. However, that danger is not present when a person sleeps in a vehicle while intoxicated. For that reason, many states have adopted the rationale behind the New Mexico and Pennsylvania courts' decisions. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Is "erratic driving" alone cause for a DWI investigation?

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A few weeks ago we asked a similar question. In that case, an Illinois driver, the son of the local mayor, ran into stationary cars in a parking lot and then drove off from the scene of the accident. When police tracked him down later that evening, a breathalyzer test was not issued since there were no outward signs of intoxication. In a remarkably similar case, a DuPage County Judge, Kenneth L. Popejoy, was likewise not required to submit to a breathlyzer test. As reported in a Daily Herald article, on the evening of June 29th, a number of witnesses allegedly called 911 after seeing Judge Popejoy run into a parked vehicle, run a stop sign and nearly hit a jogger. When police arrived at his home, he refused to answer any questions. According to Glen Ellyn Deputy Police Chief Bill Holmer, because he showed no signs of intoxication, he was not investigated for DUI:

"We can't compel him to take (a breathalyzer test)," Holmer said, adding: "There weren't any of the typical signs of impairment that we look for, such as smell or slurred speech. None of that was apparent."

In the article, Don Ramsell, of our office, agreed with Holmer's assessment of the situation:

Wheaton DUI and criminal defense attorney Donald Ramsell said that while police have a responsibility to investigate why a driver fled without reporting an accident, there's no cause to give a Breathalyzer or field-sobriety test without an odor, impaired speech or some other indication of alcohol.

"It would be improper to administer a breath test if you have no outward sign of alcohol consumption," Ramsell said. "It's illegal to fish for a crime."

Although Judge Popejoy was not charged with any DUI-related offenses, he was charged with charged with reckless driving, failure to give information after striking an unattended motor vehicle and failure to reduce speed to avoid an accident. The investigating police departments contend that preferential treatment was not a factor in the decision not to pursue a DUI investigation, and it is noted in the article that both towns "have handled recent high-profile DUI arrests of public officials, such as those of a Glendale Heights cop and U.S. Supreme Court Justice Antonin Scalia's daughter." Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Latest Criminal Defense and DUI Links

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Here's a list of recent links from around the criminal defense legal blogosphere that are worth a second look:

• "Misdemeanor Arrest Rule in New Mexico DWI Cases" Albuquerque Criminal Lawyer blog
• "Plea bargains in DWI cases? Are you serious?" The Defense Rests
• "No Probable Cause Necessary for DUI?" DUI Blog
• "When Innocence Isn't Enough" Gamso-For the Defense
• "No Lawyer, No Crime? A Troubling Case In Oregon" Norm Pattis

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

DUI satire compliments of The Onion

Here's a priceless piece of vintage satire from the Onion: "DMV Reconsidering 'One For The Road' Driver Relaxation Campaign." Here are a few choice excerpts from the 1997 tongue-in-cheek article:

SPRINGFIELD, IL—With the drunk-driving fatality rate nearly tripling in Illinois in the past year, the state's Department of Motor Vehicles announced Monday it will re-examine its controversial "One For The Road" driver-relaxation promotional campaign...

According to Penn, the One For The Road program had its roots in a DMV study revealing a positive correlation between alcohol consumption and driver confidence.

"We found that people who had consumed at least four beers or two mixed drinks before getting behind the wheel were twice as likely to believe they were in no danger of getting hurt or killed," Penn said. "When operating a serious piece of machinery like a car, that's just the kind of confidence you need."...

In the time since the September 1996 launch of One For The Road, some 2,300 DUI-related fatalities have occurred in Illinois, a 275 percent increase over the previous year.

"Perhaps we need to reconsider certain aspects of the program," said Bill Gerhardt, co-creator of the program. "We need to ask ourselves, 'What parts of this program are not working, and how can we fix them?'"...

While Illinois DUI laws aren't perfect, at least our legislators have a bit more common sense than the fictional characters in this article.

And, if you're so inclined, you can read the entire article here.

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Intoxilyzer breath test results under fire in Minnesota

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In Minnesota, we learn of yet another case of allegations regarding inaccurate breath test results. The Intoxilyzer machine at issue has been regularly used by law enforcement throughout Minnesota for years, but came under fire in 2006 when a DUI defendant challenged the accuracy of the test. Since that time, the Minnesota Supreme Court has twice considered claims challenging the device. Later, in 2008, the state sued CMI, Inc., the manufacturer the device, seeking access to the machine's source code. CMI resisted at first, but ultimately relented and allowed DUI attorneys access to the information. Now, there are more than 2000 cases pending in state courts that challenge accuracy of the machines, which were recently consolidated. As reported in this TwinCities.com article, a 2006 email from a Minnesota Bureau of Criminal Apprehension toxicologist is key evidence in support of the claims in the consolidated cases that the devices produce inaccurate results:

In an e-mail dated Sept. 27, 2006, a Minnesota Bureau of Criminal Apprehension toxicologist alerted CMI that the Intoxilyzer "on occasion" printed out blood-alcohol readings different from what it displayed on its screen.

He also noted that the amount of air required for a breath sample varies depending on the version of software running the machine.

The minimal amount of air necessary to provide a breath sample is 1.1 liters of air blown at .17 liters per second. But if a driver blows too hard, the minimum sample required increases to 4.1 liters, according to the toxicologist's e-mail.

"The minimum value quadrupled," Sheridan said. "And by doing that, it would exclude about 80 percent of women. ... The shorter and older you are, you're virtually guaranteed you'd be unable to provide a sample."

The misfires are recorded as test refusals, and that can have disastrous legal consequences. Punishments for test refusals are in some cases more severe than the penalties for drunken driving.

Once again, arguably faulty breath test machines continue to be used despite clear evidence that they may produce inaccurate and misleading results. If people's liberty wasn't at stake, perhaps this egregious conduct could be overlooked. However, where people arguably innocent of a crime are being wrongfully convicted and, in some cases, sent to jail, ignoring the glaring problem with the Intoxilyzer's used in Minnesota simply isn't an option. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Is a car accident alone evidence of intoxication?

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Does the mere fact that an automobile accident occurred warrant testing to determine if the driver was intoxicated? What if the driver of the vehicle left the scene before police arrived? What if witnesses to the crash claimed that the driver was acting erratic? What if the driver was the mayor's son? These are just a few of the questions that arose from a recent automobile accident that occurred in Elk Grove Village, Illinois. As described in this Daily Herald article, the accident occurred in the parking lot of an apartment complex. Witnesses claim that a pickup truck ran into stationary cars parked in the lot. The driver exited his vehicle and was shaking and talking to himself. He then got back into his vehicle, despite the urging of witnesses to remain at the scene, and drove off. His license plate remained behind, however, and responding police officers were able to determine that the vehicle belonged to Craig Johnson Jr., the son of the mayor. Officers then located him that same evening, brought him into the station, questioned him, and issued him a series of tickets for traffic violations, none of which were DUI-related. He was never given a breath test or asked to perform field sobriety tests. Some claimed that he received special treatment because he was the mayor's son. However, Don Ramsell, of our office, explained that Johnson did not necessarily receive preferential treatment:

Wheaton DUI and criminal defense attorney Donald Ramsell said that while police have a responsibility to investigate why a driver hit three parked vehicles, there's no cause to give a Breathalyzer or field sobriety test without an odor, impaired speech or some other indication of alcohol.

"It would be improper to administer a breath test if you have no outward sign of alcohol consumption," Ramsell said. "It's illegal to fish for a crime."

Still, "it's not like the parked car jumped in front of him," so Johnson should have been asked to provide a satisfactory explanation for the crash, such as bad weather or a sudden obstacle in the road, Ramsell said.

In Illinois, the odor of alcohol combined with an accident is enough probable cause for a breath test, Ramsell said.

So, an accident alone isn't sufficient evidence to support the inference of intoxication. And in this case, there were no allegations that the driver smelled of alcohol, so perhaps the police were justified in not administering a breath test or sobriety tests. A further review of police records would assist in making this determination, but as it stands, based on the facts known at this time, the actions of the police weren't necessarily suspect.

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Colorado Springs Crime Lab-Another Case of Sloppy Testing

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Another day, another crime lab making sloppy errors that deprive innocent people of their liberty. This time it's the Colorado Springs crime lab. In April, the Colorado Springs crime lab errors were disclosed to the public. It was revealed that the results of an internal investigation revealed that 167 tests were flawed in 2009 and discovered 39 more flawed tests from 2007. All of the errors were the work of a chemist who had since left the department. District Attorney Dan May explained that "only" 9 of the 206 faulty tests actually affected the rights of those accused of committing a crime. In other words, only 9 people that we know of--people who were potentially innocent of any crime--had their lives ruined because of the egregious errors of Colorado Springs lab technician. Questions still remain following the announcement of the massive string of errors, as explained in this article from the Colorado Springs Independent:

Senior chemist Bobby Striebel frankly says he can't explain how a colleague of seven years made mistakes that boosted the alcohol content of some blood samples by more than 40 percent.

"The error was very difficult to identify," he says, with no apparent pattern or equipment failure to explain.

The lingering uncertainty is uncomfortable. Tim Bussey, a Colorado Springs defense attorney who specializes in DUI cases, puts it bluntly: "If they never really identified the problem, how do they fix it?"

These tests were caused by human error or malfeasance. Who knows how many errors are caused by faulty equipment or materials. The bottom line: blood and breath testing for DUIs is a horribly inaccurate "science" for any number of reasons. The continuing pattern of errors in labs across the country is simply further evidence of that fact. Perfection isn't possible and it's not required, but predictable accuracy is. Until that standard is met, innocent people will be convicted of drinking and driving offenses and injustice will continue to reign supreme. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Avoid drinking and driving-that way you won't have to hire us.

This is a very moving video that serves as a reminder to avoid drinking and driving in the first place--rather than having to hire us afterward. (WARNING: There are some graphic images toward the end of the video). Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Sloppy lab work leads to Toxicology Chief resigning in Indiana

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Two weeks ago we discussed how lab errors in California, Colorado and Pennsylvania resulted in challenges to DUI convictions and the dismissal of a multitude of DUI cases. It looks like Indiana is joining the club. According to this article from IndyStar.com, the director of the Indiana State Department of Toxicology, Michael A. Wagner, has resigned amidst charges of inexcusable lab errors. Allegations include sloppy lab work, excessively long delays in processing specimens, and the failure to perform inspections as required by state law. In the article, Indianapolis defense attorney John L. Tompkins explained the basis for the allegations:

Tompkins, who teaches blood-testing issues to lawyers for their continuing education requirements, said sloppy work is not unusual from the state Department of Toxicology.

Within the past few months, he said, blood-testing reports have come back showing clotted blood being used -- a mistake -- and incomplete documentation of the testing machine's calibration.

Tompkins also contends that the department ignores a state law enacted in 2007...(which) requires the Department of Toxicology to conduct examinations of the people performing blood-alcohol detection tests and inspections of the equipment they use.

If the allegations are true, the resignation of Wagner is only the first step toward achieving justice for those who have been wrongfully convicted of DUI in Indiana. Simply put, the accusations of sloppy lab work are inexcusable. Where the life and liberty of a person accused of a crime is at stake, it is imperative that lab test results be performed carefully, accurately and in a timely manner. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Golf carts: yet another bad choice.

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First we learned that operating a Barbie car while intoxicated was a very bad idea. We later learned that a Russian tanker is also a bad choice. Today's lesson: golf carts--also a bad choice. As reported in this Tampa Bay Online article, a young man was recently charged with operating a golf cart on U.S. 19 while intoxicated:

Early Thursday, a New Port Richey Police officer pulled over a golf cart cruising in the right lane of U.S. 19 heading south. Steven Lee Proctor had a dazed expression, slurred speech, watery bloodshot eyes and reeked of alcohol, the officer said in his report. At first the 18-year-old denied drinking any alcohol or using any controlled substances. But after performing poorly on field sobriety tests and being read his legal rights, Proctor admitted to the officer he had "a few beers" before driving the golf cart on the highway, the report said.

Our advice? If you've had a few drinks, take a cab or get where you're going the old fashioned way: walk. You'll retain your dignity and stay safe. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

New Jersey Holds Drunk Drivers Can Recover From Bars That Over-Served Them

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Last week, the New Jersey Law Journal reported on a New Jersey appeals court's ruling in Voss v. Tranquilino, A-5431. In Voss, the court addressed the issue of whether a person convicted of drunk driving can then turn around and sue the bar that over-served them for economic and non-economic damages. The defendant in Voss, the bar at which he had been drinking, asserted that it was immune from liability pursuant to the operation of the 1997 anti-drunken driving amendments to motor vehicle insurance law, at N.J.S.A. 39:6A-4.5(b), which specifically state that a driver convicted of DWI in connection with an accident "shall have no cause of action for his or her injuries." The court disagreed, basing its decision on the the legislative intent behind the law:

(The) legislature could not have thought it could reduce the number of drunken drivers by immunizing liquor establishments from their claims and thus providing a disincentive to the licensees...

The court's decision makes sense. Although some might argue that it encourages people to drink and drive, bar owners should not be exempted from dram shop laws when the natural extension of their negligent action occurs: the drunk person operates a motor vehicle and is involved in an accident. Had the person not been intoxicated he or she might not have made the unfortunate decision to operate a motor vehicle while intoxicated. Where the bar's failure to stop serving alcohol to the injured party may have been at least one cause of the accident, the bar should not be absolved from liability by operation of law. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Operating a Russian Tanker While Intoxicated is Probably a Bad Idea

Last week we learned that, for any number of reasons, throwing back a few drinks prior to taking your kid's Barbie car for a spin is a bad idea. This week we learn that operating a Russian tanker while intoxicated is likewise inadvisable. As you'll see in the video below, a Russian soldier learned that lesson the hard way. His drunken tank excursion ended as quickly as it began when he abruptly crashed into a house, knocking down a supporting wall. Following the collision, the tank driver exited the vehicle, clinging to 2 unopened bottles of vodka. However, despite appearances, according to a military spokesman, "The driver was absolutely sober, because he was going to military exercises." You be the judge. Drunk Russian Tank Driver - More amazing video clips are a click away Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Inexcusable lab errors in DUI cases

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Tests for blood alcohol content are not infallible and can be tainted by any number of factors, including human error and faulty equipment. It is for that reason that good DUI defense attorneys never assume that tests results are accurate. Case in point--in recent months, across the country, lab errors have resulted in the dismissal of DUI charges. For example, as reported at denverpost.com, 7 DUI cases were dismissed due to lab errors:

Colorado Springs authorities in December announced the discovery of errors and a review of results at the lab where the alcohol content in blood samples was higher than the true result...In all, the lab retested 7,892 blood alcohol cases dating back to 2006 and found a total of 206 errors. Of the nine affected cases, five defendants had served jail time.

In San Francisco, human error and tampering is alleged to have affected thousands of criminal cases. The lab test problems, which were initially thought to have affected only drug cases, may affect DUI cases as well, as explained in this ABC article:

The public defender's office says the shortcomings which the scandal exposed in the drug unit, may also pertain to DUI testing. They include sloppy work, lack of protocols and inadequate staffing..."One of the most critical pieces of evidence in a driving under the influence case is whether or not the person had alcohol in his system and how much," former San Francisco crime lab director Jim Norris said.

Elsewhere, in Pennsylvania, one county is taking matters into its own hands in order to save money. In Cumberland County, officials have decided to hire a phlebotomist rather than outsource blood alcohol testing. As noted at the Philadelphia DUI Blog, this new arrangement concerns local DUI attorneys:

"I worry about the chain of custody," said a Harrisburg Pa DUI lawyer, referring to the problems in administering the county's part-time blood lab. Indeed, many Pennsylvania lawyers feel that such blood tests, if done at the hands of the county, could pose problems relating to conflicts of interest and impartiality.

Blood alcohol testing is a critical area of concern and plays a key role in the evidentiary burden of the prosecutors. But if the evidence were left in the hands of the county prosecutors, isn't it natural that Pa DUI lawyers would have objection?

Prosecutors and law enforcement officers rely on lab test results to convict people of crimes, such as DUI, which can wrongfully deprive innocent citizens of their liberty if performed incorrectly. For that reason, accurate lab test results are of paramount concern.

The lab testing scandals in Colorado and California and the potential conflicts of interest raised by the newly proposed lab testing scheme in Pennsylvania are clear indications that we still have a long way to go. Innocent people continue to be wrongfully convicted of DUI every day, something that is inexcusable--and entirely preventable.

Visit Americas Top DUI and DWI Attorneys at or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Latest Criminal Defense and DUI Links

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Here's a list of recent links from around the criminal defense legal blogosphere that are worth a second look:

• "The fact that an accident has occurred does not mean a crime has occurred" South Carolina Criminal Defense blog
• "Drunk Driving: A Victimless Crime" The Legal Satyricon
• "A Really Long Rant About Liberty And Finality" Criminal Defense Blog
• "Mixed Messages on Drinking and Driving" NYT City Room Blog
• "Police-Team DWI/DUI Investigations Allowed Though Discontinued?" Albuquerque Criminal Lawyer Blog

Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Watch Out--Law Enforcement Uses Social Media

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It was simply a matter of time. Social media has become increasingly popular in recent years and law enforcement is now beginning to collect user data from social media sites for evidence. In fact, as reported in this AP article, some FBI officers are actually "going undercover" on social networking sites like Facebook, Twitter and MySpace by creating fake profiles. In some cases, undercover officers actually communicate with suspects in an effort to obtain information to support criminal charges. Similarly, as explained in the article, social media sites are being used to confirm suspect's alibis and are being mined for information about suspects, including their activities, their personal relationships and their spending habits. However, as explained in this post from AlterNet, it's unclear whether the warrantless attempts of law enforcement to collect evidence on social media sites is legal:

As law enforcement agents increasingly find reasons to use social-networking sites, questions regarding crime-fighting and privacy arise. The bad news is there are no real good answers regarding what users' rights really are, what social-networking companies are required to do (and not to do), and what regulations ought to govern the use of these sites in investigative law enforcement work given that there isn't really a legal system designed to supervise social-networking sites.

Unfortunately, this is one of the areas where the laws and regulations that control law enforcement agencies' actions haven't yet caught up with new technologies. And, until a court holds that these warrantless intrusions are unlawful, the police will continue to mine social media sites for evidence. What does that mean for you? It means that you should exercise caution when using social media. Don't post anything on social media sites that you wouldn't want shared with the entire world. If you are currently facing DUI charges, don't post pictures in which you are drinking alcohol or are out with friends who are drinking. Don't allow others to photograph you engaging in questionable activities that could reflect poorly on you or on your pending case. The bottom line--use common sense. Think before you post updates to a social media site. If you think it might be a bad idea to post a particular photo, it probably is a bad idea. Finally, don't accept friend requests from people that you don't know. Social media is a part of our lives; it's not going away. If you'd like to participate in social media, then by all means, do so. But be smart about it. Don't give law enforcement--or anyone else--access to information that could be used against you. Just like anything else-- it's better to be safe than sorry. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!