Cumberland County is certainly unique, when it comes to blood alcohol testing. The county has taken the step to hire a part time phlebotomist.
A phlebotomist? If you can't pronounce the word, don't worry. Most Pa DUI lawyers probably can't, either. But most Pa DUI lawyers do know what the word means. It refers to a type of scientist-- the type who draws and analyzes blood.
Usually, the lab tests on blood are done outside the booking centers. What can happen, if a DUI case goes to trial, is that these lab workers may sometimes be called to court to testify. This can be an added expense, as well as a waste of time.
As a result, Cumberland County has taken matters into their own hands.
"In the long run, we're not paying for outside lab tests, we're not paying for the time of the people who have been involved in the testing to have come into court and testify," said District Attorney Dave Freed.
And while county lawyers seem content with this new implementation, local Pa DUI lawyers feel concerned.
"I worry about the chain of custody," said a Harrisburg Pa DUI lawyer, referring to the problems in administering the county's part-time blood lab. Indeed, many Pennsylvania lawyers feel that such blood tests, if done at the hands of the county, could pose problems relating to conflicts of interest and impartiality.
Blood alcohol testing is a critical area of concern and plays a key role in the evidentiary burden of the prosecutors. But if the evidence were left in the hands of the county prosecutors, isn't it natural that Pa DUI lawyers would have objection?
Related Resources
- What to Expect from a DUI Arrest (FindLaw News)
- DUI Laws That Drivers Should Know: DUI Checkpoints (FindLaw's Philadelphia DUI Law Blog)
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Browse PA DUI Lawyers (FindLaw)
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