BLOOD TESTING ERRORS
(That really happens?) by George Scharmen 315 Dwyer San Antonio, Texas 78204 (210) 226-8021 Blood testing for alcohol using chromatography is supposed to be the gold standard for forensic evidence of intoxication. Much of the time it is, but yes, in a significant percentage of the tests there are laboratory, machine or analyst errors. For […]
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DWI DURING COVID-19
The nightmare is you were -screaming into your computer –stressed out about everything, and after a couple of drinks you -decided to drive a couple of blocks over to the Circle K to pick up a snack. It so happens that an officer was working late and saw you roll through that stop sign. The […]
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San Antonio Law Office ‘Rises Above’ Encroaching Development
“The historic landmark at 315 Dwyer, steps from the courthouse, was once the tallest structure in that part of downtown San Antonio. Today, dwarfed on all sides by construction cranes and towering development, the charming, yellow brick house looks like it could escape the irritations of progress with a spray of colorful balloons fastened to […]
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DWI Blood/Alcohol Testing in Hospitals? (“Hey, prosecutor, that’s none of your business!”)
San Antonio DWI Blood Alcohol Concentration (BAC) Testing in Hospitals I’m not talking about “privacy” here. I think we all know that if the government really wants to get into your business, it can and it will. This is just a fact of modern life. So, unless you live in a shack in the middle […]
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DWI or Defendable? Looking at Blood Test Inaccuracies.
A Blood Test Isn’t Airtight Evidence in Your DWI Case Blood testing in DWI cases may be a bit frightening, especially to someone who has been arrested. Of course, there is the medical procedure of drawing blood that makes many people squeamish. Then, there is a lot of pomp and circumstance around the process. Latex […]
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Specialty and Treatment Courts
Some of my clients take drugs or drink alcohol for reasons other than recreation. It is sometimes a sad fact of heroism in the military that our heroes suffer not only physical injuries but also mental injuries. These injuries may include traumatic brain injury as well a post-traumatic stress disorder (PTSD). People with these problems […]
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DWI’s Today
First, if a lawyer guarantees that he will get your case dismissed have him put it in writing, and I will represent you for FREE because criminal lawyers cannot ethically present that they can be hired for a specific result. To do that is a violation of State Bar Ethics, and a lawyer can be […]
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A Method to Their Madness?
Testing on the Machine (Perkin-Elmer Clarus 500 and TurboMatrix) After a laboratory purchases a gas chromatograph, a Perkin Elmer employee comes to the site to set it up, and he tests it to assure that it is in working order. After all, it costs about $75,000. Nevertheless, the DWI lawyer should know that it is […]
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“Good” Science For Gas Chromatographic Blood Alcohol Analysis
First of all, we need a cast of characters for this story. A Laboratory The central calibration and testing laboratory in Texas is the Texas Department of Public Safety Forensic Toxicology Laboratory [DPS]. The Rules All laboratories have their own Standard Operating Procedures. These are usually in the form of a manual that describes in […]
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Laboratory Blood Testing: What’s Really Going on Here?
So many States in this country are using blood test results in DUI/DWI cases that the Supreme Court had to lay down some rules. Number One: A blood draw is a search, and the police are going to need a search warrant to do it. Missouri v. McNeely (2013) Number Two: The person who actually […]