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Blood Contamination & Candida Albicans

December 27th, 2011
Feeling Faint

If a blood sample is not properly preserved it can decompose.  One of the results of decomposition is the creation of alcohol.  According to Lawrence Taylor in his seminal Drunk Driving Defense, 6th Ed., pp. 561, “Ethyl alcohol is generated by fermentation of carbohydrates and proteins in the blood sample.  This occurs through the actions of various microorganisms.  The simplest and one of the most common processes is the breakdown of enzymes by one of various species of the yeast Candida, such as Candida albicans.”  The results of the fermentation in the blood vial is dramatic.  For example, a blood sample which contains no alcohol can decompose and cause a reading of .25 percent or even higher, depending on the stage of decay. (See Taylor, Id. at 561).

Proper handling of the blood sample requires the refrigeration of the blood sample.  The problem is that refrigeration can only slow down the decomposition process not end it completely.  Another protective measure is the addition of a preservative, such as sodium fluoride.  Scientific studies (as cited in Taylor, Id. at 563) suggest that sodium fluoride can be ineffective in preventing alcohol production by Candida albicans.  Counsel should also be aware of common human errors which can occur following collection of the blood sample.  It is not at all uncommon for the blood to be collected and the vial not inverted to allow the mixing of the preservative and the sample.  Make sure that your DUI defense attorney is aware of these problems which may prevent the introduction of your blood test, or provide you with a viable defense in your case.

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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Aggravated Vehicular Homicide, O.R.C. 2903.06

December 19th, 2011

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.

If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.  This  is the time to hire someone who has been successful in trying aggravated vehicular homicide cases.  Call Charles Rowland at 937-318-1DUI (318-1384).

If you’ve been arrested on charges of aggravated vehicular homicide, it’s essential to talk to an attorney about your case before talking to investigators. Charles Rowland has represented felony defendants in Dayton and throughout the Miami Valley.  To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, “All I Do is DUI defense.“

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DUI Science and More Faulty Breath Machine Assumptions

December 8th, 2011

Evidential Breath Testing Measures The Amount of Alcohol In Your Breath Not in Your Brain!

A chimpanzee brain at the Science Museum London

One of the faulty assumptions underlying evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.

During peak absorption arterial blood is higher than  venous blood.  Arterial blood travels to the lungs for normal bodily air exchange and comes into contact with the highest level of alcohol concentration thereby resulting in an overstated (disproportionately high) BAC level.  Venous blood  more accurately indicates BAC levels inside the tissues of the brain and is a better indicator of how much the alcohol is impairing your brain function.

When you start looking closely at the built-in assumptions underlying the tests, you begin to see that evidential breath testing is not the whole truth and nothing but the truth.  Like any other evidence offered in the courtroom it should be vigorously cross-examined just like any other witness against you.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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DUI Patrols Increased For Thanksgiving in Clark and Montgomery Counties

November 22nd, 2011

OVI Checkpoints In Clark and Montgomery County Slated for the Wednesday Before Thanksgiving

A grant from the National Highway Traffic Safety Administration will allow law enforcement agencies in Clark, Butler and Montgomery Counties to increase DUI/OVI patrols over the Thanksgiving holiday weekend.  The Springfield Police Division and the Clark County Sheriff’s Office will use 48 overtime hours through Sunday targeting drivers under the influence.  The Butler County Sheriff’s Office will increase patrols by up to 150 overtime hours during the same time frame.  Carlene Maynes, coordinator of the Montgomery County OVI Task Force, said 18 agencies, including the Dayton Police Department, are partnering for an OVI checkpoint Wednesday evening. From Wednesday to Sunday, Maynes said about 275 overtime hours will be worked by the agencies.  Clark County will also be conducting an OVI checkpoint in conjunction with the Ohio State Highway Patrol on Wednesday.  Barring a dramatic upswing, Ohio is on track for another safety record with fewer than 1,000 fatalities – down from 1,300 in 2005.  See a report from the Springfield New Sun HERE.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Posted in Clark County, Montgomery County, Springfield DUI Attorney

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H.B. 86 Brings Changes To Ohio’s OVI Law

October 11th, 2011

House Bill 86 which will come into effect at the end of September is a significant change to the way Ohio sentences offenders.  It also holds some interesting provisions for OVI offenders, some of which we will look at here.

LOCAL INCARCERATION OPTIONS

H.B. 86 authorizes the creation of community alternative sentencing centers (CASC at R.C. 307.932 and R.C. 2929.26(B)) for midemeanants including OVI offenders.  Eligible offenders include those OVI offenders who are eligible to be sentenced directly to the CASC and who are not serving or sentenced under any other jail or prison term.  OVI offenders will also be required to meet the requirements and rules of the CASC. R.C. 307.932(C).  Those serving an OVI-related term of incarceration (including house arrest) can serve up to 60 days in the CASC and those that receive a sentence longer than 60 days are eligible to serve up to 60 days in the CASC (R.C. 307.932(C)(2).

WORK RELEASE

The bill allows for approved work, vocational education and other releases including for offenders serving mandatory OVI-related time. R.C. 307.932(H)(4)(D).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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