How Could Crime Lab Backlogs Affect DUI Cases?
You may be surprised to learn that crime log backlogs can affect DUI cases in a very serious way. The current backlog in the Oregon State Police crime lab has led to drivers waiting more than a year for testing.
What Has Happened Because of the Backlog?
The crime lab actually has stopped processing DNA for some kinds of cases, such as theft, to allow focus on testing for sexual assault and other kinds of cases. DUI test results have been delayed for a long time, with the current backlog at about six to eight months. Other type of tests may take even longer.
The primary DUI tests that are backlogged are urine tests. Breathalyzer results do not require a crime lab, while blood tests are rarer and simpler to complete. In Oregon, police often take urine tests for the presence of drugs. Urine tests must be analyzed by a crime lab.
Effects of this crime lab backlog include:
- Potential running of the statute of limitations
- Repeated arrests before any charges are filed
- Uncertainty for arrested drivers
- Safety concerns for the public
The statute of limitations on DUI in Oregon is two years, and test results are still not back for drivers who were arrested months or years earlier. Officials note that repeat offenses before someone is charged are a very real concern.
Could This Backlog Happen in Oklahoma?
Yes, a crime lab backlog like the one in Oregon could happen in Oklahoma. The crime lab in Oregon cites the legalization of marijuana as a major factor in the backlog. Police are requesting more drug tests for driving under the influence of controlled substances. Since Oklahoma now permits medical marijuana, the same increase in testing could happen here too.
If you have been arrested for DUI but have not been charged for weeks or months after arrest, the prosecutor could be waiting on crime lab test results. Talk to a lawyer in the meantime to learn about your rights if you are charged.
Have you been charged with a DUI in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge of DUI science to defend drivers. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.