I have written before, perhaps rhetorically: Why if someone is allowed full due process of law are we also not entitled to due process of science?
It seems backward. Law at the expense of science or science at the expense of law, doesn’t it?
One would think rationally that we would be entitled to full scientific safeguards and best practices, but in the forensic environment generally and in the DUI testing for BAC analysis, it is sorely lacking.
It seems that as a society we are more concerned with the prospect of having a new pharmaceutical wrongly introduced into the market than we are in getting a conviction wrong.
As a proof of the above, just look at any pharmaceutical lab and the rigorous documentation and process application validity that goes into developing and testing a pharmaceutical before it is allowed into production and distribution. In that industry it is called "Good Laboratory Practices" (GLP). This is to be contrasted to the near opposite of that which is forensic testing.
In the clinical and research arena, the phrase Good Laboratory Practice or GLP generally refers to a system of management controls for laboratories and research organizations to ensure the consistency and reliability of results as outlined in the Organization for Economic Co-operation and Development (OECD) Principles of GLP and national regulations.
Good Laboratory Practice (GLP) embodies a set of principles that provides a framework within which laboratory studies are planned, performed, monitored, recorded, reported and archived.
There is no equivalent to this in forensic science generally and specifically in DUI forensic testing for BAC determinations. Sadly there are no national or international standards. Each state and sometimes each jurisdiction within a state is allowed to setup and use in whatever manner they see fit, for their DUI testing for BAC analysis. Crazy, huh?
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
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