Judge doubts Mich. police lab's DUI reliability

LUDINGTON, Mich. (AP) -- Blood samples tested by the Michigan State Police crime lab in drunken-driving cases are unreliable because the results don't carry a margin of error, a judge said. District Court Judge Peter Wadel threw out blood evidence against a man in northern Michigan's Mason County. His decision is not binding on similar cases in other state courts but it's certain to get attention. State police handle blood tests for police agencies across Michigan. "A drunk-driving conviction is serious and stains you forever. If we're going to convict people, convict them with reliable evidence -- and reliable scientific evidence," said attorney Mike Nichols, who challenged his client's blood results. Two tests showed a blood-alcohol level of 0.29 and 0.30, well above the legal limit of 0.08. Nonetheless, the results troubled the judge, who said there's an "uncertainty in measurement." "Without an error rate, the lab leaves an inference that the test result is an absolute or true result," Wadel said last week in a 12-page opinion. He said each result would likely be different, even if the blood were tested as much as 100 times. "This uncertainty needs to be accounted for," he said. Mason County Prosecutor Paul Spaniola said he disagrees with the decision and will ask a circuit court judge to review it. He said blood samples are used in about 10 percent of drunken-driving cases in his county, 100 miles north of Grand Rapids. Authorities still can prosecute Jeffrey Jabrocki for operating a vehicle while intoxicated but can't use blood as evidence. The state police did not immediately return a message seeking comment Wednesday. In Wadel's court, a lab scientist, Felix Adatsi, said that an accrediting agency in 2007 had requested that an error rate be developed. Adatsi, recently retired, told the judge that the lab's work is reliable. "The taxpayers pay for every single person in that lab," Nichols said. "The taxpayers are the ones who need and deserve reliable science in their courtrooms." He said there are too many judges and lawyers who look at drunken-driving cases and say, "Let's get this case pled out. We've got a docket to move." Published: Fri, May 13, 2011