Anne ImObersteg participates in DMV/DOT administrative per se hearings throughout California and in other States (via phone). In administrative hearings, driving privileges are suspended or retained depending on the determination of the alcohol level of the driver at the time of driving.







From a scientific standpoint, issues that arise include:

1) The calculation of a blood alcohol value at the time of driving given a drinking pattern and the chemical test result.
2) The review of the maintenance and calibration records of the testing machine (breath testing machine or gas chromatograph) used for analysis
3) The margin of error inherent in the machine used
4) Any sample collection errors, such as the lack of the mandated 15-minute continuous observation of the breath testing subject prior to testing
5) The qualifications and proper training of the breath machine operator or chemist
6) Any sample retest issues (blood/urine)
7) The amount of preservative found in the blood/urine and the compliance of that amount with the testing laboratory's licensed procedures and/or forensic standards
8) Any contamination of the biological specimen with microorganisms which can alter a true blood alcohol result, or indicate an improper sample collection (see Blood Sample Intergrity Testing, on this site)
9) The qualifications of the blood draw technician in compliance with State regulations
10) The method used in blood draw, such as the use of a non-alcoholic cleansing swab prior to the blood draw etc.
11) The type of sample tested (whole blood vs. serum or single urine specimens)and associated conversion errors.
12) Any medical issues, such as GERD, that may affect a result
13) The compliance of the test with State regulations or standard forensic procedures