Category: Blood & Urine Tests

alcohol affects

How Alcohol Affects The Human Body

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affects of alcoholThe pharmacodynamic properties of alcohol classify it as a central nervous system depressant. The more alcohol you consumed the greater its effects. Alcohol 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 relies on tasks requiring divided attention skills as these are specifically sensitive to alcohol. 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 alcohol 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.

Alcohol 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 alcohol 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.

To see the source of this information, please visit the links provided. You can also find supporting information HERE.

 

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

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

policing for profitIn State v. Baker, Slip Opinion No. 2016-Ohio-451 the Ohio Supreme Court ruled on the admissibility of a blood sample in a case where 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 that ruled because the state did not strictly comply with the refrigeration requirement, the sample could not be used against the defendant in connection with 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.

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.

A dissenting opinion, written by  Justice William M. O’Neill acknowledge that strict compliance is not always realistic or humanly possible, but wrote the majority decision makes the substantial compliance standard too low for such serious cases. 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.

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Ohio OVI: What Are The Legal Limits?

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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!

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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!. 

Alcohol Flush Reaction: An Allergy to Alcohol

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Have you ever heard anyone say that they are “allergic” to alcohol?  Well, if the person is of Asian descent, they may have a common reaction to alcohol know as Alcohol Flush Reaction.

Salcohol flushtudies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red.

The reaction is a condition in which an individual develops flushes or blotches associated with erythema on the face, neck, shoulders, and, in some cases, the entire body after consuming alcoholic beverages. The reaction is the result of an accumulation of acetaldehyde, a metabolic byproduct of the catabolic metabolism of alcohol, and is caused by an aldehyde dehydrogenase deficiency.  This syndrome has been associated with an increased risk of esophageal cancer in those who drink. It has also been associated with lower than average rates of alcoholism, possibly due to its association with adverse effects after drinking alcohol.  Wikipedia, at  http://en.wikipedia.org/wiki/Alcohol_flush_reaction

Since the mutation is a genetic issue, there is no cure for the flush reaction. Prevention would include not drinking alcohol.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Alcohol Flush Reaction, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek,Centerville

 

 

Keywords: Alcohol Flush Reaction, Asian Flush