Judge Rules DUI Blood Testing to be Unreliable

As an experienced PA DUI Attorney, I have deeply studied the forensic science that is presented in DUI blood tests. This knowledge has helped me win a number of cases and makes me a stronger defender of my clients’ rights. As practiced in a majority of places in the United States, DUI blood tests are not absolute. Experts from around the country have joined the chorus calling for better scientific standards to ensure blood testing is reported in the courtroom in a scientifically responsible way.

PA DUI Attorney has long been an advocate of DUI Blood Testing reform
PA DUI Attorney has long been an advocate for DUI Blood Testing reform

Over in Michigan this week, DUI Attorney Michael Nichols was able to secure an important ruling. District Judge Peter J. Wadel ruled in Nichols’ favor that DUI blood tests were not inadmissible in his court unless the prosecution presented a valid margin of error. (Blogger’s note: Scientifically, this is known as expanded Uncertainty Measurement reporting.) The ruling is based on the fact that every testing method has an inherent margin of error and without this information a jury would not know the whole picture.

To support his ruling further, Wadel cited the fact that the American Society of Crime Laboratory-Laboratory Accreditation Board — which gives the Michigan State Police (MSP) lab its accreditation — has required state police to come up with an uncertainty budget, or a margin-of-error scale.

The MSP lab has not complied yet.

Kudos to this judge. The Judge is brave and honorable.

This is another instance where you can plainly see the value of an experienced DUI lawyer. Many general practitioners are not aware of the issues in DUI blood testing and do not litigate based on these issues. The PA DUI Attorneys at The McShane Firm are experts in DUI blood testing and challenge these issues in courts all across Pennsylvania.

If you have been charged with a Pennsylvania DUI based on blood testing evidence, please call 1-866-MCSHANE to discuss your options.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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