27 Apr 2012
As criminal defense lawyers, we know and stress to our clients that test results are not infallible. Just because a test result has been obtained that appears to have a negative impact on a defendant in a criminal case, does not mean the case is lost. The truth is that machines malfunction, chemical test results are affected by impurities, and human error is always a possibility. Thus, whether you’ve been charged with a DWI based in whole or in part on breathalyzer results or a blood test, or with a drug offense, or with any other crime where the evidence involves forensic analysis, an experienced Austin criminal attorney can challenge the state’s case, even when the evidence is supported by results from a crime lab.
Of course, when we speak of malfunctions, impurities and human error, most people assume we’re talking about minor lapses. Earlier this year, however, reports surfaced charging the Austin Police Department crime laboratory with multiple irregularities in performing drug analyses involving cocaine, marijuana and “ecstasy”. In reports on the APD crime lab, allegations have also surfaced of “drylabbing”, which is defined as the reporting of results of tests that were never performed. The charges were filed with the Texas Forensic Science Commission, which voted unanimously on April 13 to open the investigation, and is appointing a three-member committee to lead it.
One of the complaints was filed by Integrated Forensic Laboratories of Euless, Texas. Although all the details of the complaint are not available, a director of Integrated is quoted as stating that his company “worked several cases behind Austin PD’s controlled substance lab and found problems so large, I feel I am ethically bound to bring them to your attention.” We will continue to follow the story as it unfolds.
Criminal Attorney in Austin
If you have been charged with a DWI or other crime, and the case against you includes the results of forensic tests, contact former prosecutor David D. White at The Law Office of David D. White, PLLC today. He has the experience and knowledge to provide you with a thorough and aggressive defense against any charges against you.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737