Blood Result: If the "machine" is the answer, prosecutors and judges need to adhere to ISO and legal predicates.
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Most prosecutors and many defense lawyers hinge their analysis of a DWI case on the blood result. Fact is I don't. I look at the "totality of the circumstances." Every blood test can be fought. It is the State's burden of proof to show the result met all ISO standards, is accurate and the defendant's blood. If the blood is not going to make a difference (for example the citizen looks highly inebriated and the driving facts are bad) then going to trial and fighting the blood result may not be in my client's best interest. Here is an example (true life example) of why one should never trust the blood result. 1. It may not be the client's result. How often does this happen? It is impossible to say because most defendants have some ethanol in their system and no police department calling the lab to say it was a mistake. A Collin County municipality's police procedure is to have the police officer take a blood test if th...