610.2Forensic Drug/Blood Analysis
Suggested Questions for Expert in Drug Chemistry/Analysis:
1. Please state your name.
2. Where do you work and in what capacity? How long have you held that position or worked in that field?
3. Please explain what a forensic chemist does?
4. What education and training have you had in the chemical analysis of evidence (or blood) to determine the presence of drugs (or alcohol)?
[Note that if a defendant in a DWI case was given a blood test, you will need to call the SBI forensic chemist who analyzed the defendant’s blood to testify at trial about the defendant’s blood alcohol (or blood drug) content.]
5. What experience have you had in conducting such analyses?
6. [Be sure to ask expert before testifying.] Have you ever testified before in court and given opinions, as an expert witness, based on your chemical analysis of controlled substances (or alcohol)?
7. Approximately how many times?
[Tender the witness to the court as an expert in the field of forensic chemistry specializing in the chemical analysis of controlled substances or in the chemical analysis of blood to determine the presence of alcohol or controlled substances.]
8. I show you what has been marked as State’s Exhibit number ___.
[Present witness with the sample of suspected controlled substance for identification.]
a. Have you ever seen this item before, and if you have, how do you recognize it?
b. When did you receive it and from whom did you receive it?
c. How was the item stored while in your custody?
d. Does it appear to be in substantially the same condition as when you received it?
[Offer exhibit into evidence.]
9. Did you examine State’s Exhibit number ___ submitted to you by (name person)?
10. Please briefly describe the purpose of your examination?
11. What type of chemical analysis did you conduct?
[Describe testing in appropriate detail]
12. Are the testing methods you just described generally accepted and considered reliable in your field?
13. As a result of your chemical analysis were you able to form an opinion about what the [substance/item] examined is or contains?
14. What is that opinion?
[Follow-up as necessary with any other relevant details from the expert’s report, such as total quantity of the substance, purity percentage of the substance (if appropriate).]
15. After your analysis, what did you do with this evidence?
16. Was this evidence in your care, custody, and control until its return?
Suggested Questions for Forensic Toxicologist
1. What is your name and where do you work?
2. What is your job title? [Forensic Scientist (I, II, III, Supervisor, or Manager)]
3. What is your educational background?
4. What discipline of Forensics have you been trained in? [Forensic Toxicology]
5. Please describe any specialized training you received in the field of Forensic Toxicology?
6. Did that training include the effects of (alcohol and/or drugs) on driving?
7. What are your current job responsibilities or duties as a Forensic Toxicologist?
8. How long have you worked in that position?
9. Do you have a Chemical Analyst permit issued by the N.C. Department of Health and Human Services?
10. Have you previously been tendered as an expert in Forensic Toxicology? How many
times?
11. Did you analyze the (blood and/or urine) of the person in question?
12. I show you what has been marked as State’s Exhibit number ___.
[Present witness with the sample of blood that was tested for the presence of controlled substances for identification.]
a. Have you ever seen this item before, and if you have, how do you recognize it?
b. When did you receive it and from whom did you receive it?
c. How was the item stored while in your custody?
d. Does it appear to be in substantially the same condition as when you received it?
13. Please briefly describe the purpose of your examination?
14. What type of testing was performed?
[Describe testing in appropriate detail]
15. Are the testing methods you just described generally accepted and considered reliable in your field?
16. Were those tests performed in accordance with standard operating procedures?
17. Were the equipment and instruments you used in proper working order?
18. Did you prepare a report of the testing results?
19. What were the results of the tests?
[Repeat the following for each drug identified, as applicable:]
- What is [drug]?
- Are you familiar with the effects of [drug]? What are they?
- Is it possible for [drug] to impair driving?
[In most cases, the expert witness may not be able to express an opinion as to exactly how much of the drug the person consumed, or how long ago it was consumed, but note that under G.S. 20-138.1(a)(3), driving with “any amount” of a Schedule I drug or its metabolites remaining in the blood or urine is defined as per se impairment.]