DUI Defense Is Evolving into a Science-Based Defense and Attorneys Should Have a Solid Understanding of the Function of Gas Chromatograph

Most people that are stopped and arrested for driving under the influence don’t understand the differences between breath and blood testing. They don’t know what a gas chromatograph is or how it works.

Many Attorneys and Prosecutors Are Unaware of the High Level of Error Exists with Gas Chromatographs

I would say that most attorneys (and that goes for defense attorneys or even prosecutors like district attorneys) don’t understand how complicated the gas chromatograph is and how much error exist in using the machine.

Gas Chromatographs Have a High Margin of Error in Operation and Results

There is error that can be introduced into the testing sequence. This is pre-analytic error, which would be errors between the time the blood is drawn and the time the blood is actually injected into the machine. There is a huge area for error resulting in false results on a machine.

Once the sample is injected into the machine, we have errors that are done during the analytic process while it runs through the machine. The gas chromatograph can have problems just like any other machine. If it is not set up and maintained and used correctly, then it can give very inaccurate results.

A large part of the machine is actually an oven with a thermostat and temperature and if that temperature changes, the results the machine produces can change and every step of the process can have error.

Learning the details about the gas chromatographs was only one of my professional goals. I first was admitted to the California Bar in 1999 after taking my first bar exam. I then studied for and passed the Nevada State Bar on my first attempt in Nevada,so I am licensed in California and in Nevada. I am currently inactive in Nevada, having focused my practice just on Los Angeles now. I have also been sworn in at the Supreme Court in 2003. This means I am licensed to appear in all the courts of California and Nevada, as well as the United States Supreme Court.

Besides advocating for my clients, I have remained active in the legal field in many ways. I have had some articles posted on-line. Nola Press has picked up some of my work and published that as well as extensively being published on the site. My work has actually been published in a book that came out in 2013 on strategies for defending DUI cases in California. The Les Thompson Publication featured my chapter on different strategies for defending DUIs in California and the political nature of DUIs. My own publication, The DUI Survival Guide, is available through Amazon. It contains useful information about people’s rights during a DUI investigation. Many times, when people are stopped and arrested for driving under the influence, they don’t know where to begin.

Recently, I was named a 2016 Super Lawyer by Super Lawyers Magazine. In 2013, I was recognized twice as being a top lawyer by both the National Trial Lawyers and with Lead Council.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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