What type of scientific defenses has the firm used in DWI cases?
Roseville, MN DWI defense attorney Dan Koewler explains certain scientific defenses he has used in DWI cases.
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That’s a situation where we’ve raised, I believe, every scientific defense in the book and I think we’ve pioneered some of them. Mr. Ramsey with the firm is actually certified to use headspace gas chromatograph. You don’t need to know what that is you just need to know that’s how they test blood and urine samples. But from gastral reflux disease or what we call GURD, basically heartburn causing elevated results, people on low carb diets causing elevated results, people using paint and paint thinners causing elevated results. I mean those are just the basics, from there we can go into the very fine details of people on prescription drugs, false positive tests with both blood, breath, and urine, problems with testing for drugs, problems with false positives for marijuana, for cocaine, for heroin. Really, if it’s a scientific test there’s at least half a dozen different ways the state could have screwed up those results and that’s why whenever they charge somebody with DWI they don’t show their work they just show the final result whether it was a breath test or the one page from the lab for a lab or a urine test. When we look at the work, when we look at the gas chromatograph or the maintenance and calibration logs for the breath test machine you can see why they’re not showing the public how they make the sausage. Because these tests have got a lot of room for interpretation and for error and that’s where we get our scientific changes and that’s how we win cases.