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blood test Tag

20 December
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Revealing the Flaws in Blood Testing Procedures in Court

Posted by Clint
in Blog
Revealing the Flaws in Blood Testing Procedures in Court

If you received a blood test after a DUI arrest, you can reveal the flaws in blood testing procedures in court. Building a defense may involve challenging the basis for law enforcement’s determination that you were impaired – the blood test results. Results can be thrown out for a number of reasons: flaws in giving the test, the testing method used, storing and transporting the sample, and more. Flaws in Giving the Test  When giving a blood test, lab technicians must follow specific procedures for drawing blood and collecting the samples. Many lab techs have very little training on blood draws....

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28 March
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New Report Recommends 0.05 BAC Limit

Posted by Clint
in Blog

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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13 October
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There Is No Reliable Test for DUI Marijuana

Posted by Clint
in Blog
There Is No Reliable Test for DUI Marijuana

It’s true: there is no reliable test for DUI marijuana. While police can observe drivers for signs of impairment, no blood or breath test can show accurately whether a person is so impaired by marijuana as to make driving unsafe. The reason marijuana concentration in the body cannot be tested reliably lies in science. The ethanol in alcohol dissolves in water, and human bodies are mostly water. Ethanol concentration in the body reduces quickly over time. In contrast, the THC in marijuana is fat-soluble and does not dissolve in water. It can remain in the body for weeks. A recent study...

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18 September
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Warrant or No Warrant? Your Rights

Posted by Clint
in Blog
Warrant or No Warrant: Your Rights

Three key Supreme Court cases discuss the need for a warrant when police require a suspect to submit to blood and breath tests. The first addresses the amount of force used to compel a test, and the second two discuss whether a warrant is required for blood versus breath testing in DUI cases. Use of Force and Warrants In the case of Rochin v. California, 342 U.S. 165 (1952), the Supreme Court considered whether police may force a suspect to turn over evidence without a warrant. The facts are harrowing: sheriffs entered a man’s home without a warrant and saw capsules on...

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10 July
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The “Intoxicating Substance” in Oklahoma

Posted by rainmakeradmin
in Blog
The “Intoxicating Substance” in Oklahoma

Oklahoma’s laws against drunk driving also prohibit driving under the influence of any intoxicating or controlled substance. In this article, learn what these substances are and why driving while using them is akin to driving while using alcohol. Oklahomans using any amount of a Schedule I controlled substance while operating a motor vehicle can be charged with a crime. 47 O.S. § 11-902(A)(3). Some examples of controlled substances are: opiates, LSD, marijuana, amphetamines, heroin, codeine, and more. 63 O.S. § 2-204. Notably, Oklahoma just amended its definition of marijuana to exclude federally approved cannabidiol (CBD) drugs or substances. Oklahoma H.B. 1559...

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03 July
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Challenging Oklahoma Blood Test Results in Court

Posted by rainmakeradmin
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Challenging Oklahoma Blood Test Results in Court

If you had your blood tested after a DUI traffic stop in Oklahoma, you may be wondering how to challenge the blood test results in court. Generally, blood tests have fewer calibration and procedural problems than breath tests, but there are still defense strategies to explore. In Oklahoma, the blood test must be administered in accordance with the testing laws, including 47 O.S. § 752. Only an authorized person, such as a doctor, nurse, physician’s assistant, or other employee approved by the hospital can draw your blood. This person must receive a written order authorizing blood withdrawal. For example, a law...

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23 June
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Refusing to Take a Sobriety Test in Oklahoma

Posted by rainmakeradmin
in Blog
Refusing to Take a Sobriety Test in Oklahoma

While you may refuse to take a breath or blood test for the presence of alcohol in Oklahoma, there are consequences to refusal. The Oklahoma laws about refusing these tests specify exactly what happens if you refuse one of these two sobriety tests. First, anyone who operates a car or other vehicle on public roads in Oklahoma has given “implied consent” to taking a breath or blood test for alcohol concentration. 47 O.S. § 751. You do not have to be driving a car to give implied consent – if you are sitting in a parked car and your breath smells...

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