I have a DWI case set for trial, where pretty much the entire case hinges on the lab report, and the chemist who analyzed it now works out of state.

I've spoken to another chemist at the lab who is available to testify about their record keeping, and I originally thought I could get the lab report in as a business record and then have the alternate chemist discuss the results. As I've looked into this more, I think I have a problem with chain of custody. Caselaw states that we must prove the beginning and the end of custody, and the only evidence I might be able to get in regarding custody at the back end would be a lab receipt showing that the lab got it in the mail, and I'm doubtful that will be sufficient.

I'm running out of time here. Anybody dealt with this before or have any suggestions?

After digging back in old posts, I found this:

https://tdcaa.infopop.net/eve/f...7098965/m/6761077291

If anybody has updated information since that post, please advise.

Safest thing to do: Have your blood re-tested by a current employee. We have had MANY of these issues, and have done exactly that. Depending upon your BAC, the amount of blood drawn, the time between the original draw and the first test (and your re-test), the BAC will likely be a little lower (to be expected), but if your case hinges on 0.09 vs 0.08, you've got more problems...

Pay to fly the chemist who did the original testing here. That's the easiest solution, along with the other suggestion of re-testing. Re-testing, however, even if the results are the same, opens a whole new bag of worms at trial about where the original tester of the evidence is and why they are not testifying.

What about videotaping a deposition?