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Blood Testing

How Does Drinking on an Empty Stomach Effect My Breath or Blood Test Results?

Sep 12th, 2018 PBarone

Generally, when a person drinks on an empty stomach they will reach a higher blood alcohol concentration more quickly, and this higher concentration will last longer, then if the same amount of alcohol is consumed on a full stomach.  This is one...

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Is Michigan Forensic Lab’s Lack of Blind Testing Cause for Concern?

Mar 14th, 2018 PBarone

There are about 30,000 drunk driving arrests in Michigan each year, and of these, about 1/3 of them involve blood tests for alcohol or controlled substances.  All of these blood tests are performed at the Michigan State Police forensic lab. And the...

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Trump Plan Would Place Lansing Toxicology Lab Under Federal Control

Feb 27th, 2017 baronedefenew

President Trump’s Department of Justice has proposed a new Office of Forensic Science and Forensic Science Board within the DOJ. This new board would have governing authority over all of Michigan’s forensic labs, including the Toxicology lab located in Lansing.  Nearly all...

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Exigent Circumstances Did Not Justify Warrantless Blood Draw in Medical Marijuana DUI Case

Dec 29th, 2016 baronedefenew

If you’ve used medical marijuana in Michigan, drive your car, and are stopped by the police, you can be charged with OWI or “operating while intoxicated.”  This is because Michigan's drunk driving statute, found at Michigan Compiled Laws 257.625, indicates in part...

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Michigan State Police Admit They Botched 4000 Alcohol Blood Tests

Sep 8th, 2016 baronedefenew

The Michigan State Police have announced that as many as 4,000 alcohol blood tests are flawed due to improper calibration.  This means that as many as 4000 people arrested for drunk driving in Michigan could be wrongly convicted of a crime they...

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Drunk Driving: Is A Blood Test Really a Blood Test. Gas Chromatography 101

Sep 2nd, 2016 baronedefenew

When you are arrested for drunk driving an officer has a right to request that you submit to a chemical test[1], including a breath, blood, or urine.  The most common request is for a subject to submit to a breath test on...

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Judge Throws Out DUI Alcohol Test Due to Rights Not Being Read

baronedefenew

If you are arrested in Michigan for drunk driving, and the police do not read you your implied consent rights, then under the right facts it might be possible to have the alcohol test thrown out.  To understand why, it’s important to...

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Are Jail DUI Blood Draws Valid?

baronedefenew

If you were arrested for drunk driving in Michigan, then you were probably asked to take either a breath or a blood test.  Michigan DUI laws require that such blood draws be performed in a “medical environment.”  This term is not defined....

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Forensic Labs Under Siege

baronedefenew

In Michigan the testing of all blood drawn from people accused of drunk or drugged driving is tested only in this laboratory located near Lansing, Michigan. Each year, tens of thousands of blood samples are tested in this laboratory, and according to...

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Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

baronedefenew

I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases. This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the...

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