A recent report has raised concerns about the reliability of certain DUI testing methods used in California. These findings may open the door to claims from individuals who were wrongfully arrested, charged, or convicted as a result of defective DUI testing.
Brief Review of the Issue
According to the report, California law enforcement agencies relied on defective urine test kits for nearly a decade. The defective urine test kits may have produced inaccurate blood alcohol readings. These test kits allegedly contained significantly less sodium fluoride than labeled. Sodium fluoride is a preservative used to prevent fermentation in urine samples. Without enough of this preservative, samples could ferment and generate alcohol after collection, which could lead to falsely elevated test results.
While officials have noted that certain conditions would be required for these false test results to occur, the state has still flagged dozens of cases and has warned that an unknown number of DUI convictions may have been affected.
The Affected Kits: the defective testing kits are from Andwin Scientific, a medical supply company based in Simi Valley, in Ventura County. The company supplied these urinalysis test kits to the state’s forensic lab in Santa Rosa, CA since 2016.
Legal Implications for Individuals Affected by False Test Results
What does this new information on faulty DUI testing mean for individuals affected by false positive test results? We will review the legal implications below.
- Questionable Convictions and Concerns about Due Process: individuals have the constitutional right to due process. If individuals were convicted based on unreliable evidence, then those convictions may be subject to appeal, post-conviction relief, expungement, or dismissal. Courts have long recognized that faulty forensic evidence undermines the integrity of convictions.
- Potential Civil Liability: affected individuals may also have grounds to pursue civil lawsuits, given that they suffered harm. Possible claims may include wrongful arrest or imprisonment (if the inaccurate test result led to arrest/incarceration, plaintiffs may argue that they were deprived of their liberty without proper cause), negligence based on product liability (the manufacturer of the test kit could face liability for resulting harm based on defective design, manufacturing defects, or defective labeling), government liability (if agencies ailed to properly validate testing kits or continued to use unreliable testing kits after becoming aware of defects), and civil rights violations (if law enforcement agencies knowingly relied on fraudulent evidence).
Can I File a Lawsuit?
Yes, affected individuals could have the right to file lawsuits. However, the right to sue will depend on the harm suffered. Individuals may have a solid foundation for a claim if they can prove the following:
- They were wrongfully detained or convicted
- The faulty tests were a key factor in the decision of the case
- They suffered damages, including jail time, loss of employment, financial losses, or harm to reputation
What Should You Do?
If you were harmed because of the defective DUI testing kits, it is important that you understand that you could have a potential claim. If you believe you were affected, you should consider the following recommendations:
- Obtain case records, specifically whether urine testing was used and the kit used
- Preserve evidence, including any documented damages
- Consult a lawyer to assess the options available to you
Contact the Normandie Law Firm Today
Without a doubt, the recent revelation about the faulty DUI testing that may have impacted countless California cases over the last decade raises serious concerns. If you believe that you were impacted by the defective test kits, it is important that you seek legal help as soon as possible. If you have a viable claim, we can help you. Our team has decades of experience and is committed to fighting for the rights of our clients.
We offer free case evaluations, including free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to fight for your rights. Contact us today to schedule your free case review.
Zero-Fee Guarantee: you will never have to worry about paying any upfront legal costs for any of our legal services. In addition, we work on a strict contingency basis, meaning that you will not have to pay anything at all if your lawsuit is not successful.
Our California faulty DUI test kit attorneys are ready to help you!
