San Diego DUI attorney exposes blood draw memo

A DUI defense attorney in San Diego recently exposed a memo given to technicians called to testify regarding blood tests. 


The Supreme Court recently ruled that, in order for forensic evidence to be admitted in a criminal case, the defense must have the right to call the scientist who performed the tests to testify at trial. This is to confirm there has been no lapse in procedure or foul play.


Anyone familiar with DUI testing knows both of these thing occur regularly. Many DUI blood tests and breath test machine maintenance needs are outsourced to private companies. These companies do not always perform as they are supposed to according to law.


In San Diego, specific persons are used for blood drawing in DUI cases. There are some states now permitting arresting officers to take on this task themselves, but this does not include California. The blood tests are usually administered at a hospital or medical facility in California by qualified nurses or trained blood draw personnel.


San Diego Attorney Rick Mueller obtained an internal memo from a San Diego blood drawer. In this case, the memo released apparently exposes the way the scientists are briefed about potential holes in their evidence.


The memo starts by stating the expert does not have to remember taking blood from the particular defendant. Due to the high number of patients each day, the individual can simply testify it is not possible to remember each individual blood draw.


The expert simply needs to assure that procedure was followed because it is followed each and every time. The memo reminds the expert of the procedure he or she followed, stressing that a non-alcoholic sterile wipe was used. If an alcohol wipe was used, then the test could be compromised. The memo allegedly states:


"The important things to remember is that you always follow the same procedure, so even though you don't remember this particular individual, you know that you drew the person following our standard procedure."


The release of these instructions shows that witnesses may be affected by the needs of the case and forced to simply repeat what they have been told instead of answering questions honestly. If this is true, the result of having the testimony of an expert who drew the blood is lost.


The reason defense attorneys need this testimony is to see if procedure was followed in the particular case at hand. By saying it is not necessary to remember the particular case and simply to state procedure is always followed, the expert is essentially relieved of any responsibility and there is really no need to have the testimony at all.




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