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Hawaii officials insist that they test the ”whole blood” of suspects of OVUII.  However, in order to perform this “whole blood” test, they add TCA and anti-coagulants to break down the blood into serum and proteins.  They test only the liquid (which they refuse to admit is, in fact, serum).  Then the blood is entered into another “secret” machine (see “Veiled in a Shroud of Secrecy” posted earlier) and a supposed “whole blood” BAC is produced in a report.

The problem with this procedure is that it does not exclude a number of substances that the machine could interpret as alcohol.  Further, no one seems to know the ratio (if any) that is applied to convert this “part blood” result into the supposed “whole blood” result.  There are a variety of ratios that could be applied but only a certain range is scientifically acceptable.

This procedure also creates the same problems for the State as does its blind reliance on the Intoxilyzer 8000.  No data is disclosed to any defendant that would allow the defendant to test whether the machine was working properly.  Due Process, anyone?

Rick Holcomb is a Honolulu DUI / OVUII defense lawyer who also a criminal defense attorney located in Honolulu Hawaii

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