Category: Blood & Urine Tests

alcohol affects

Dayton DUI Lawyer – Alcohol & The Human Body

00Blood & Urine Tests, Breath TestingTags: , ,
dayton dui lawyerI am a Dayton DUI lawyer. If you face a drunk driving charge, please give me a call.

Alcohol & The Human Body

The pharmacodynamic properties of alcohol classify it as a central nervous system depressant. The more you consumed the greater its effects. It impairs both cognition (the process of knowing, thinking, learning and judging) and psychomotor skills (voluntary movement).  If you think of the evolution of the brain, the affects of alcohol are felt by the most recently developed parts of the brain. These parts of the brain are responsible for judgment, inhibition, personality, intellectual and emotional states. If you continue to drink, your psychomotor functions such as muscular coordination, balance, eye movement, etc. will be impaired. Continue to drink and involuntary movement, such as respiration, is affected, leading to possible coma or death by alcohol poisoning.

Law Enforcement & Impairment

Law enforcement relies on tasks requiring divided attention skills as these are specifically sensitive to impairment. The Committee on Alcohol and Other Drugs of the National Safety Council concluded that all individuals are impaired with respect to operating a motor vehicle at concentrations of 0.08 and above, while some individuals are impaired with respect to driving at concentrations below 0.08.  Interestingly, the impairment at this level has only been scientifically correlated to performance on the standardized field sobriety tests by one questionable study. HERE For a critique of the science behind the standardized field sobriety tests, check HERE.

Elimination occurs through metabolism, excretion and evaporation. Metabolism accounts for approximately 95% of elimination. Enzymes act on alcohol molecules to change them into other compounds; these by-products are further metabolized. Alcohol dehydrogenase (ADH) in the liver is the enzyme that is primarily responsible for metabolism. ADH is also located in the stomach lining, causing a small portion of an alcohol dose to be eliminated before it has a chance to be absorbed. The average rate of elimination (combining metabolism, excretion and evaporation) is between 0.015 to 0.018% per hour.

Call Dayton DUI Lawyer Charles Rowland today! 

Alcohol Elimination – Sugar Is Better Than Coffee

00Blood & Urine Tests, Breath Testing

Sober Up With A Donut – Alcohol Elimination Facts

Alcohol EliminationAlcohol elimination is known to be accelerated by sugar (fructose).  [Keegan A, Batey R Dietary Carbohydrate Accelerates Alcohol Elimination, But Not not Alter Hepatic Alcohol Dehydrogenase, Alcohol, Clin Exp Res, 1993, 17(2):431-433.] In addition, subjects who received 1 g/kg of fructose 1 hour after alcohol did not experience a change in peak alcohol concentration.  Instead, they experienced an increased elimination by 20-30%.  [Crownover BP, La Dine J, Bradford B, Glassman E, Forman D, Schneider H, Thurman RG, Activation of Ethanol Metabolism in Humans by Fructose: Importance of Experimental Design, J Pharmachol Exp There, 1986, 236(3): 574-579.]

Sober Up Faster With Sugar

One study indicates that the sober-up effect can be up to 80%. [Sprandel U, Troger HD, Liebhardt EW, Zollner N, Acceleration of Ethanol with Fructose in Man, Nutr Metab, 1980, 24(5): 324-330, p. 324.] This has a practical effect in hospital emergency rooms. Fructose is used to detoxify alcoholics. One faction with acute alcohol poisoning survived with a treatment including intravenously administered fructose. [O’Neill S, Tipton KF, Prichard JS, Quinlan A, Survival After High Blood Alcohol Levels. Association With First-Order Elimination Kinetics, Arch Intern Med, 1984, 144(3):641-642.]

So what is the takeaway? If you want to sober up faster, i.e. eliminate alcohol, open that box of Krispy Kreme and go to town. That is right, now you have a reason to sugar up after a few drinks.

“All I do is DUI defense”

If you find yourself facing an alcohol-related offense (DUI, OVI, DWI) contact me for a free consultation. Since 1995, I defend the accused drunk driver. I have almost every credential an OVI attorney can get. In addition, my clients have always given me the highest possible ratings on both Google and AVVO.  If this article raises questions, call me at (937) 318-1384 or 24/7 at (937) 776-2671.

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

00Blood & Urine Tests, DUI Case LawTags: , , , , , , , , , ,

blood test

A REVIEW OF BLOOD TEST REGULATION IN OHIO

In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.

Please consult the articles on the ODH rules on this blog. The regulations include rules for collection and handling of blood samples, testing techniques, laboratory operations, permits, and records maintenance. In cases where DUI blood tests are administered by a hospital expert testimony regarding the blood test and how the result relates to impaired driving ability.

Ohio law requires you to take a blood, breath, or urine test if you are arrested for an OVI. Ohio’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been operating under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).  The test must be taken within two hours of driving and the officer gets to choose which test you take. The question is, how strictly will the courts enforce the two-hour limit.  

OHIO SUPREME COURT ADDRESSES BLOOD TEST ADMISSIBILITY

The Ohio Supreme Court clarified their position on the refrigeration of a blood sample. They address whether strict compliance is required. Answer, no! They also clarified, with great deference to the prosecution, what substantial compliance means. Spoiler alert: it is a quickly eroding standard. In State v. Baker, Slip Opinion No. 2016-Ohio-451 the Ohio Supreme Court ruled on the admissibility of a blood test samples.  In this case a Trooper left the sample unrefrigerated in his patrol car for over four (4) hours.  The Ohio Supreme Court opinion reversed a lower court decision. The lower court ruled because the state did not strictly comply with the refrigeration requirement, the sample could not be used against the defendant. This case arose from a 2011 OVI charge that arose from accident that killed a pedestrian.

While giving lip service to the fact that strict compliance with the refrigeration rule is preferable, the Court recognized logistical issues of gathering and submitting samples may make strict compliance unrealistic in all cases. Citing State v. Plummer, where the Court in 1986 held that the failure to refrigerate a urine sample for four hours did not render the test results inadmissible, and State v. Mayl, a 2005 decision that cited Plummer, the Court determined that the failure to refrigerate a blood sample for as many as five hours substantially complied with the refrigeration requirement, permitting the sample to be used as evidence. The failure to refrigerate the defendant’s specimen for four hours and 10 minutes substantially complied with the rule and did not make the test results inadmissible per se.

OHIO SUPREME COURT CLARIFIES BLOOD TEST ADMISSIBILITY PROCEDURE

In this case, the court clarified the procedure for admitting blood-alcohol test results into evidence as established in the Court’s 2003 State v. Burnside decision.  Burnside states that to challenge a blood test result, the defendant must file a motion to suppress.  After the filing of a motion to suppress it becomes the responsibility of the state to demonstrate it substantially complied with the administrative rule. If the state proves substantial compliance, the burden then shifts back to the accused to show the failure to strictly comply made the test unreliable and prejudicial.

In opposition, a dissenting opinion was written by  Justice William M. O’Neill. While he acknowledge that strict compliance is not always realistic or humanly possible, he concluded the majority decision makes the substantial compliance standard too low for such serious cases. Therefore, he stated the decision allows for the rule to be ignored.  This blog has long argued that the “substantial compliance standard” is a fast-eroding standard that allows the court to admit evidence if the police try their best, or demonstrate a good faith effort, effectively shifting the burden of proof from the government to the defendant.

CONTACT CHARLES M. ROWLAND (DAYTONDUI) TODAY!

If you have questions about your  blood test case, please contact me at (937) 318-1384. Also, you can also hear me lecture on this topic. I will be speaking on behalf of the American Association of Premier DUI Attorneys in November. In addition to these cases, I will be giving an update on Ohio OVI law. I hope you can be there. If not, please visit the DaytonDUI blog for all things OVI. Learn about city-specific OVI courts. Due to their complexity, review the law on blood, breath and urine testing. Stay abreast of developments in the law. As a result of my focus, I hope to have the most up-to-date information. I work hard to be the best DUI in Ohio. In conclusion, I take great pride in my work.

 

theme-2014-single-image-672-372

Ohio OVI: What Are The Legal Limits?

00Blood & Urine Tests, Breath TestingTags: , , , , , , , , , , ,

In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol.  If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood.  There are also “legal limits” for the concentration of alcohol in a person’s blood serum or plasma and urine. For a urine sample, you will be over the “legal limit” if the alcohol concentration in your urine sample is .11 or greater.

Ohio OVIWhile Ohio still considers this a valid way to determine alcohol content, many states have done away with urine testing because handling and testing procedures have produced errors. If a blood serum or plasma sample is taken, the legal limit is .096. A test of blood, whether whole blood, serum or plasma, is the most accurate, but such tests must be completed according to Department of Health rules to be admissible in a court proceeding. Also, improper blood testing procedures still may yield inaccurate results.

There are also enhanced minimum penalties for “high tier” or “Super OVI” results. The high tier test results are .17 for breath and blood, .204 for blood serum or plasma, and .238 for urine. The enhanced penalties for “high tier” offenders double the minimum jail time requirement.

If you find yourself facing an Ohio OVI you need to speak to an attorney right away! Call DaytonDUI at (937) 318-1384.
dui attorney

DUI Attorney Strategies – Know The Science!

00Blood & Urine Tests, Breath TestingTags: , , , , , , , , ,

Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know:

  1. The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations.
  2. The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study.
  3. It is impossible to convert the alcohol concentration of breath or urine to the simultaneous blood alcohol concentration with forensically acceptable certainty.
  4. It is not possible to establish whether the person being tested is in the absorption or elimination phase from the results of two consecutive blood or breath alcohol measurements, as is the protocol in Ohio.
  5. Retrograde extrapolation (forensic backward extrapolation of blood or breath concentration) is not ordinarily forensically possible.
  6. Extrapolation of a later alcohol result which is used to tie the alcohol to the time of operation is always of uncertain validity and is, therefore, forensically unacceptable.

If you are able to present these facts to a jury, the chances of winning go up exponentially.  Every Ohio DUI attorney should have this study at the ready to help during motions and trials.

Charles M. Rowland II, Dayton DUI attorney, has been defending the accused drunk driver for over twenty years!.