Alex Berger is an ACS-CHAL Forensic Lawyer-Scientist

Scientific evidence can significantly influence the outcome of OWI and criminal cases, as chemical testing or laboratory analysis is often used to support the charges against a defendant. Berger Law attorney Alex Berger holds the ACS-CHAL Forensic Lawyer-Scientist Designation, a credential recognized by the Chemistry and the Law Division of the American Chemical Society. This scientific training gives Alex a much deeper understanding of the laboratory methods, testing procedures, and analytical evidence commonly involved in these cases.

This designation reflects extensive study of forensic science through a combination of classroom instruction, hands-on laboratory work, and proficiency testing. The courses are offered to legal professionals through Axion Analytical Labs in Chicago and are included in the ACS Institute, which is the American Chemical Society’s official training catalog. The program was developed in conjunction with the Chemistry and the Law Division of the ACS.

Importantly, this means that Alex’s training extends beyond simply understanding the legal rules that determine whether scientific evidence may be introduced in court; he has also studied how forensic tests are actually performed, how laboratory instruments produce data, and how analysts review that data to arrive at their conclusions. This allows him to consider not only what a laboratory report says, but also how the laboratory reached the result contained within it.

What Is an ACS-CHAL Forensic Lawyer-Scientist?

An ACS-CHAL Forensic Lawyer-Scientist is an attorney who has pursued advanced education concerning the scientific principles and laboratory practices underlying forensic evidence. Essentially, the program is based on the idea that attorneys should be able to distinguish between scientific methods that have been properly validated and applied and testing that may be unreliable, incomplete, improperly performed, or incorrectly interpreted.

The comprehensive learning path associated with this designation covers several areas of forensic analysis, including the following:

• Forensic chromatography: Participants study the theories underlying chromatography, headspace analysis, flame ionization detection, and mass spectrometry. The training also provides opportunities to operate laboratory instruments and perform tests, giving participants practical experience with the equipment and methods they are learning about.
• Forensic drug analysis: This area examines how laboratories analyze suspected controlled substances and form scientific opinions concerning their identity. Some of the relevant techniques include balances, color testing, microscopy, thin-layer chromatography, infrared spectroscopy, and gas chromatography-mass spectrometry.
• Forensic DUID analysis: Participants study how biological samples, including blood, urine, hair, and oral fluid, may be tested for drugs. The coursework also addresses pharmacokinetics, which concerns how a substance moves through the body over time, as well as pharmacodynamics, which concerns the substance’s effects on the body and a person’s psychomotor function.
• Review and proficiency testing: The qualification process includes a review of the theories and practices underlying forensic chromatography, additional work with analytical instruments, and a proficiency examination.

Why Does Scientific Training Matter in Criminal Defense?

Scientific evidence is often presented as though it is entirely objective and conclusive. For example, a laboratory report may contain a specific numerical result or state that a particular substance was identified. That being said, the final report does not necessarily reveal everything that happened during the testing process, nor does it automatically answer every scientific or legal question involved in the case.

Forensic analysis involves several steps, all of which must be handled properly. A sample must first be collected, stored, prepared, tested, and interpreted. The laboratory instrument must also be properly maintained and calibrated, appropriate quality-control procedures must be followed, and the underlying data must actually support the conclusion reached by the analyst. If a mistake, irregularity, or other problem occurs at any point in the process, it may affect the reliability or significance of the final result.

Alex’s scientific training helps him examine questions such as:

• Was the sample collected and preserved properly?
• Was the analytical method appropriate for the substance being tested?
• Was the laboratory instrument calibrated and operating correctly?
• Were accepted quality-control procedures followed?
• Does the underlying data support the conclusion stated in the report?
• Could contamination, interference, or another error have affected the result?
• Does the presence of a substance establish impairment at the relevant time?

Alex Berger’s ACS-CHAL Forensic Lawyer-Scientist Designation is an established part of Berger Law’s approach to OWI and criminal defense. When the government relies on forensic testing to build its case, simply accepting the final number or conclusion contained in a laboratory report may leave many important questions unanswered. Alex has the scientific training necessary to look beyond that final result, examine the methods and data used to produce it, and determine whether the evidence truly supports what the government claims it does.