DUI Attorney Virginia Landry was featured again in the Orange County Register
to give comment on another error found at the Orange County Crime Lab.
Yesterday, the Orange County Crime Lab announced another blood alcohol
testing error that could affect another 100 cases (OC Register, Nov. 21). Local
DUI Defense Attorney Virginia Landry was featured in this article to give comment.
"We have to have trust in science. If you can't trust science,
and you can't trust the scientists, then the whole system breaks down,"
Landry went on to describe this oversight as "disturbing." The
calibration error resulted in a .001 percent margin of error. While this
may not seem like much, it could raise a .07 BAC to a .08 BAC, enough
to warrant a DUI charge.
The first error, announced just a few weeks ago, prompted the lab to conduct
an internal audit. This internal audit is what revealed a second error.
Now, the California Department of Health plans on performing a third-party
audit to see if there are more undiscovered errors.
After the initial error was announced, the District Attorney's office
sent out letters to about 900 people whose cases were affected. It is
expected that about 200 of those people will receive revised BAC test
results that are a percentage point lower than when they were initially tested.
Blood alcohol test results are one of the main pieces of evidence that
DUI convictions rest on. These errors cast doubt on the credibility of
the system, as Landry stated. If blood test results aren't trustworthy, what is?