To register for this program, email wda@defensenet.org with “Vials” as the subject line. 1.0 Law and Legal Credit has been requested from the WSBA for this CLE.
The Vile Truth of Ex...
The Vile Truth of Expired Vials
Often our clients are charged with DUI based on blood tests the Washington State Patrol Toxicology Lab (WSPTL) conducted using blood samples that have stored in expired vials. Information from the vial manufacturer, BD Diagnostics, indicates such tests are not reliable, and toxicologists from outside WSPTL have testified about the scientific reasons for unreliability. However, WSPTL often insists the tests are valid, and prosecutors seek to introduce the test results as evidence. Dustin Howie, an attorney with the Spokane City Public Defender who has also studied chemistry, has litigated the admissibility of expired vials in THC and alcohol DUI cases. He will discuss the relevant science and legal arguments against admissibility based on case law and state and federal regulations.