DUI Defender

This is the very issue that the State of Washington finds itself determining. In 2001 an accident occurred killing several people. The State has alleged that the blood alcohol concentration of the driver causing the accident was .12, however, the blood sample has been destroyed. This cuts to the very core of our legal system, the right of the accused to confront the evidence against them, be it a person who witnessed a crime or some other physical evidence. The State must determine whether the blood alcohol concentration is admissible despite the fact that it was never confirmed by an independent laboratory and is no destroyed. The fact of the matter is that it is irrelevant that the destruction occurred inadvertently, the fact is that the defense has been denied the right to evaluate and confirm (or contradict) the evidence. Whether or not the accused was .12 or not, the evidence must be excluded from the case, it is a fundamental right of the accused to confront the evidence against him/her, this right is denied by the actions of the State of Washington and should not benefit in its prosecution for its conduct.

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