Breath Test Cases 

1. The officer's training history on the particular machine used on the defendant.  Sometimes officers transition in from other departments and are not trained on the  breath machine in the new department.
2.  The current laboratory license.
3.  The method the laboratory has adopted or submitted to the state for breath alcohol  testing.
4.  A copy of the manufacturer's manual for the breath machine used.
5.  Titration records for the simulator solution.
6.  Accuracy check records for two months before and after the date of the test in  question. These are sometimes described as calibration check records. They are  not, however, records of actually calibrating the machine, they are just a  confirmation of the calibration.
7.  Logs showing how many persons were tested during the period two months  before and after the test on the defendant.

      Blood and Urine Tests 

1. A portion of the blood or urine sample obtained from the defendant. This is  generally referred to as a "split."
2.  The following records pertaining to the analysis:
3.  The methodology used in the analysis (i.e., the operating procedure of the  laboratory).
4.  Any notes the analyst made during the time of his or her analysis (sometimes  called "bench notes").
5.  The results of the controls used in the run. These are known solutions or blanks  that are mixed in the run with actual samples.
6.  The result of the defendant's sample.
7.  The actual chromatograms of the test of the defendant's sample.
8.  Any testing that was done to insure that other compounds or volatiles were not  mistakenly being analyzed as ethanol (sometimes called "specificity/interference"  testing).
9.  A copy of the "run list." This list specifies which samples and controls were  tested in what order. With automation, a typical run may involve the analysis of  40 different samples.
10.  The maintenance records pertaining to the particular device used to measure the  blood or urine sample for three months before and after the defendant's sample  was analyzed.
11.  The chain of custody.
12.  A review of the vial the sample was deposited in, or a copy of the information set  forth on the vial.
13.  Records reflecting any proficiency tests given by an independent organization  within the last year to the laboratory and the analyst.
14.  Records reflecting any internal proficiency tests given within the last year to the  analyst.
15.  Any records reflecting any accuracy checks conducted on any on vials purchased  from a manufacturer.

   P)  The instructions or checklist used by the phlebotomist for the blood draw, or by  the person who obtained the urine sample. 

      The following are some items that the DUI defense practitioner should consider for discovery in all cases whether it is a refusal or one type of testing methodology.

1.  The police report.
2.  The names, addresses and statements of any witnesses.
3.  All persons that the defendant was with before, during and after the defendant's  arrest.
4.  An inspection of the scene because it lets the lawyer get a feel for the  whole  dynamic in the case.
5.  Booking photos. (It is recommend to obtain this through investigation and not

      formal discovery because you want o look at the photo without having the  prosecutor see it. Most defendants do not look good in booking photos. It should  be reviewed before subpoenaing it or demanding it in formal discovery.

6.  Mechanical inspection of the vehicle if the client indicates that there was  something was wrong with the car.
7.  Other accident reports at the same location if they exist, and in serious cases  involving major accidents consulting with an accident reconstructionist is a must.  Obtaining accident reports of other accidents at the same location may help show that it was the roadway, rather than the defendant, that contributed to the  accident.⁷  
8.  Prior police reports by the arresting officer. Some police officers write the same  observations in drunk driving arrest reports for every defendant they have  arrested, and this diminishes the credibility of the officer. All exculpatory  evidence.
9.  The defendant's and any witnesses' criminal history ("rap sheet").
10.  The defendant's driving record. The defense attorney needs to know the driving  history of the client so that the attorney can advise the client the consequences of  a possible plea bargain.
11.  One issue that the DUI defense practitioner should address to the jury is that the  testing was analyzed with an automatic process and disavow the popular belief  that the testing was done individually.