The One Question You Should Ask When Choosing A DUI Defense Attorney
“What is a gas chromatogram?”
Seems like a simple question, but it gets to the heart of who’s out there purporting to be a DUI Defense Attorney. Whether the person knows the answer shows whether DUI defense is what they do – or just another in a long list of things they advertise for.
The answer is:
A chromatogram is a graphic representation of the test that’s done by the cops to determine the accused’s blood alcohol content at the time of the test.
If the person who wants to be your DUI Defense Lawyer can’t answer the question or says it doesn’t matter, you need to thank that person for their time and leave.
I was recently in Court fighting to get the Chromatograms for my client and I was the only one in the room who knew what a Chromatogram was. I had to explain what Chromatograms are to the Judge AND the Prosecutor. Other Lawyers were taking notes about chromatograms – because they didn’t know.
Judges and Prosecutors ask all the time: “Why do you need to see that?” because most other lawyers aren’t asking to see these essential test results.
Blood tests can be fought – ALL DUIs can be fought – and knowing what chromatography machines are and exactly how they work is essential to that fight. Gas chromatography machines are NOT infallible. If you know where to look, you can find that the machine or the blood sample are probably contaminated.
Even if your DUI doesn’t involve a blood test, if it’s a refusal or a breath test, not knowing the answer to this question discloses that the person you asked doesn’t really know what he or she is doing. Chances are they’re just saying what you want to hear in order to get hired and they will just be going through the motions during your case. Chances are no matter how great what they say sounds when they’re trying to get hired, you will end up pleading guilty to a DUI.
If your case does involve blood testing, the Lawyer who can’t answer your question will probably end up telling you, “It’s a blood test, there’s no way to fight that.” Without even looking at the chromatograms!
You’re going to end up spending thousands of dollars, even if you hire a cheap “Do Nothing” Attorney. It’s important to your future; you should know what to ask and know what you’re getting. Even if you settle for the guy who doesn’t know what a chromatogram is, you should know your Lawyer’s limitations.