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Orange County Bar Association

Orange County Drunk Driving Cases May Be Affected by Inaccurate Blood Tests Results

Law Offices of William W. Bruzzo

The District Attorney’s Office of Orange County informed several people who were charged and convicted of driving under the influence of alcohol that there may have been blood alcohol level inaccuracies in their test. The Orange County Crime Lab recognized an error in their blood alcohol testing procedure effecting about 2,200 driving under the influence cases. 900 of those cases resulted in convictions. The issue comes down to a 0.003 percentage difference in alcohol level, which according to the LA Times would affect about 200 cases, with only about 20 cases having a blood alcohol content level drop below 0.08%. The discrepancies were attributed to human error in the calibration of the devices used. The lab runs blood samples twice then averages the results. Two devices are used to do the tests; one of them had a calibration point entered incorrectly.

ABC Eyewitness News Channel 7 provided an update on this story on November 23, 2013. You can see the video here.

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