Fresno DUI Information-Gas Chromatography | Fresno Criminal Defense & DUI Attorney

Fresno DUI Lawyer Jonathan Rooker is one of the few DUI Attorneys in the Fresno and Greater Central Valley region who has in depth scientific knowledge of Gas Chromatography.  Gas Chromatography is used to separate molecules.  In terms of DUI's, this is the method used to test blood of a person arrested, cited, and/or charged with a DUI.  Practicing Criminal Defense in Fresno, especially being one of the most specifically educated DUI Defense Attorney's in the area of science behind the DUI blood tests, Jonathan takes an active approach to gaining more education on the subject.  Science is a DUI Lawyer's friend, and Jonathan believes that science is on our side in DUI cases.

How does blood testing work?

Following an arrest, blood is drawn from the client, and placed in a tube.  The tube should have an anti-coagulant and preservative in it prior to the blood being placed in the vial.    This is important because when blood coagulates, or clumps up, the alcohol does not coagulate.  This means the remaining blood has a higher level of alcohol in it, which will cause the result to be over stated.

If the preservative is not present in large enough concentrations, the blood may begin to ferment.  Fermentation actually causes the sugar, or glucose in the blood to begin a process of fermentation, or converting the sugar to alcohol, much as the sugar in grapes is fermented to form alcohol in wine.

Next, the blood is stored and/or tested.  In DUI Cases this important.  What temperature was the blood stored at?  How long?  What is the chain of custody?  All important questions in DUI cases.  DUI prosecution in Fresno typically involves a gas chromatograph testing of the blood.  The print out is the chromatogram, which shows peaks representing the volatile substances that exit the chromatograph at specific times.  Sometimes there are unidentified peaks in the chromatograms, which are possible indicators of degradation of the tube in the machine, testing of decomposing samples, contamination, fermentation, and/or many other factors.  In short, it may not be a clean test of the subjects blood, or even representative of the true Blood Alcohol Concentration of the blood at the time it was drawn.

If I got a DUI in Fresno and chose a blood test, can I high a DUI Lawyer to fight the case?

YES. People all too often believe if they took a blood test, and it says they were .08 BAC or more, there is not way to fight the test.  However, like anything else, there are many arguments, facts, scientifically valid approaches to discrediting the governments laboratories work.  Every machine has a range of accuracy and precision if properly used.  If the machine, the methods, calibrations, and human factors are brought out, you can, and many people do successfully defend cases involving blood tests where the results are over .08.

Many laboratories do not run blank samples between each subject.  A chromatagraph can have dozens of samples placed inside it for testing, left for hours, and later return to find the results printed up.  However, they machine uses what is called an, "auto sampler" to extract the blood, or in some cases the gas at the top of the vial, then inject it into the chromatograph.  When no blank is ran in between samples, how can one be certain that contamination from the prior samples didn't occur?  Ask yourself, would you be comfortable with eh same needle being inserted into your skin after it was removed from a bottle of blood from an unknown source directly before being inserted into you veins or arteries?  Would you trust the government laboratory that claims there is no contamination?  Why should a jury believe them either.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.