When a police officer arrests someone for DUI, they rely on standard issue equipment to help determine whether or not motorists are driving while under the influence. Their equipment analyzes a person’s breath and or blood, after which a sample may or may not be sent to a local lab for further testing. According to authorities, a flaw at the Orange County Crime Lab has resulted in inaccurate results for nearly five months’ time, potentially incarcerating individuals for drunk driving who did not meet or exceed the legal limit of .08% blood alcohol content.
Bruce Houlihan, the Orange County crime lab director, believes that the errors stemmed from an improperly calibrated blood testing machine which were relaying false readings. Although the error only resulted in a difference of .003, the error still affects numerous DUI defendants throughout Southern California.
The Orange County District Attorney’s office has reportedly notified more than 900 people and advised them that contacting legal representation may be in their best interest.
The majority of DUI defendants are not ordered to serve significant time in jail, but many of those who have been found guilty of driving under the influence of alcohol in the OC over the last several months may have the opportunity to have their case heard again. Those who pled guilty or were found guilty after the Orange County Crime Lab found them to be at or slightly above the legal limit of .08% may have an opportunity to have their case dismissed if an attorney is able to challenge the validity of the evidence that was used against them.
Breathalyzers and other means of calculating blood alcohol content and their validity have been called into question since these devices first became available. One of the main reasons that that BAC calculators become unreliable is because they are not properly calibrated, which was the case with this most recent incident. Those who were found guilty or pled guilty in a case which utilized results analyzed by the Orange County crime lab are encouraged to seek skilled legal counsel.
Call (888) 250-2865 today to reach one of our skilled DUI attorneys in Orange County to receive a free case evaluation.