The Phlebotomist Doesn’t Remember Drawing The Blood Sample
Every DUI attorney has their own strategy when cross-examining the phlebotomist who drew the blood sample for the blood test. Some attorneys are aggressive with these witnesses who are often regarded with sympathy by juries. A better tactic is often found in taking a lighter approach with these witnesses, respecting their knowledge and expertise while demonstrating your own through your questioning.
Often the phlebotomist will provide testimony that can be summed up as “we followed all of the right procedures, made no mistakes, and did everything correctly.” DUI attorneys may find a useful tactic in asking the phlebotmist questions to clarify whether they actually remember taking that sample, or if their testimony is in fact a general reiteration of proper procedures. A skilled DUI lawyer may ask whether the phlebotomist remembers what the defendant was wearing. If the phlebotomist cannot remember what the DUI defendant was wearing, how can they remember all the procedures involved in that particular blood draw? Surely if they remember preparing the puncture site with such specificity they can remember what color shirt the DUI defendant was wearing. If they cannot remember any of the events surrounding the blood draw the DUI attorney may be able to show the jury that the phlebotomist does not actually remember the draw itself despite the overly-polished description of the procedure.