1st Time DUI, Underage DUI

University of South Florida DUI – USF DUI

University_South_Florida_DUI


University of South Florida DUI

College Students

Driving Under The Influence


At the University of South Florida, DUI conviction can have impacts beyond just staying on your driving record for the next 10 years. In addition, you can lose student financial aid including Bright Futures benefits. DUI Attorney  W.F. “Casey” Ebsary, Jr. explains University of South Florida Police (USFPD) have conducted DUI checkpoints / DUI saturation patrols since 2006. The USFPD has 43 officers. The USFPD patrol all of the campus and the areas surrounding the campus. Because the University of South Florida DUI cases have a payoff – awards. Furthermore, one DUI contest got the agency a fully loaded Chevrolet Tahoe.
Source: tampabay.com/news/education/college/crime-down-arrests-up-at-usf

University of South Florida DUI Police Enforcement
University of South Florida DUI Police Enforcement

Dui Defense Attorney Casey Ebsary, also notes that USF Police Department conduct Saturation Patrols on and around the Tampa, Florida campus. Another press release warned, “The University of South Florida Police Department will conduct DUI Saturation Patrols within our community on January 13, 2012.  This patrol will begin at 2:00 a.m. and end at 5:00 a.m.”

Read about the consequences of a DUI for a driver under 21 years old.

As a result, DUI enforcement by “USF Police Officers . . . use this DUI Saturation Patrol to identify impaired drivers in an effort to keep our streets safe.  Impaired drivers . . . will face arrest and prosecution.” Students caught likely will face driver’s license suspension and criminal prosecution. In addition, these students will face action by the Office of Student Rights and Responsibilities. Some issues in the Student Code of Conduct raised by a University of South Florida DUI are below.

Student Code of Conduct

  • “The conduct process may be initiated against a student charged with conduct that potentially violates both the criminal law and/or the Student Code of Conduct.”
  • “Students are responsible for compliance with all public laws.”
  • “Misuse or Possession of Illegal Drugs.”
  • “Misuse of Alcohol.”

A sample of Prior University of South Florida DUI Checkpoint

Sobriety Checkpoint on the USF Campus
Sobriety Checkpoint on the USF Campus
We uncovered a report of a DUI Checkpoint Roadblock on the Tampa Campus. It is “USF Police to Conduct Sobriety Checkpoint.” The University of South Florida Police Department will host a Sobriety Checkpoint on Campus on May 15, 2013, beginning at 11:00 pm. . . . [This is ] followed by a four-hour saturation patrol. During this time, USF Police Officers will seek . . . impaired drivers in an effort to keep our streets safe. So impaired drivers . . . will face arrest and prosecution. Furthermore, this operation is part of a comprehensive, collaborative approach to traffic safety by the USF Police Department. Finally, the USF Police Department has primary jurisdiction on and about property owned or controlled by the University of South Florida.

Aggressive Campus Cops

Someone needs to tell DUI Officer Michael Tinney about their primary jurisdiction. We have yet to defend a single DUI arrest, he made on campus. The USF Police Department awarded Officer Tinney Officer of the Year and DUI Enforcement Officer of the Year for 2012. He also received an award from Hillsborough County Mothers Against Drunk Driving (MADD) for his DUI Enforcement in 2012. Officer Tinney actively participates in all enforcement campaigns and leads the DUI Checkpoints for his squad.”  He is a DUI arrest award winner in the campus police department’s DUI arrest contest.

 Here is a downloadable copy of the USF DUI Checkpoint Announcement.


University of South Florida DUI – USF  News

Designated Driver Study

Designated drivers not so sober
Designated drivers not so sober
“When it comes to going out and drinking with friends, most students are capable of securing a designated driver. But according to a USF study, most of these students are putting their lives in the hands of ‘less drunk’ rather than ‘sober’ drivers.”
And “A group of public relations students, led by assistant professor Kelly Werder, conducted surveys and focus-group research for the Tampa Alcohol Coalition and found most USF students think a DUI has the same consequential impact as a speeding ticket.”   By Elise Bouchard of the USF Oracle


Another DUI Checkpoint Report

USF DUI Checkpoint
Casey Ebsary, a Board Certified Criminal Trial Lawyer, received a tip that there will be a DUI checkpoint on campus this weekend, July 8. The Hillsborough County Sheriff’s Office and the University of South Florida USF Police Department will conduct the sting and it will apparently be on campus. Most noteworthy these checkpoints are usually posted on the Sheriff’s website, but this one was not. Recently, we obtained a police manual for these types of checkpoints.
Source: http://brandon.patch.com/articles/dui-busting-aim-of-heightened-usf-hcso-patrols
DUI Checkpoint Video for iPhone

Previous Coverage Of State University Campus DUI

DUI Means Expulsion from the University

Got DUI – Get Expelled: “UF looks beyond campus for DUI cases – They may try to hide it from Mom and Dad, but University of Florida (UF) students caught driving drunk in Alachua County won’t be able to hide it from UF administrators. This month, UF began regularly monitoring off-campus DUI convictions. Students convicted of DUI in the county won’t just face criminal courts, they will go before UF’s Office of Student Judicial Affairs, where they could face suspension or expulsion.
Student Judicial Affairs already hears between 30 and 40 on-campus DUI cases each year. But that number will likely go up now that UF is looking beyond its borders, said Eugene Zdziarski, UF’s dean of students. First-time offenders in the system are typically suspended from school for a year, Zdziarski said. Repeat offenders, however, can face expulsion, he said.”
 

Campus of University of South Florida DUI Arrests on the Rise
“More than twice as many students were arrested for drunken driving on campus in 2005 than in 2004 because of University Police Department’s new chief and UF President Bernie Machen’s alcohol policies, University Police spokesman Lt. Joe Sharkey said. There were 111 arrests for DUIs on campus in 2005, 44 arrests in 2004 and 56 arrests in 2003, according to University Police Department crime statistics. “
DUI University of South Florida
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DUI in Polk County Florida – Defense Options

DUI Lawyer Polk County, FL

Polk DUI Attorney

813-222-2220
 
Charged With Driving Under the Influence? 
 
Help for You, a Friend, or Loved One
 
 
 
 
A Polk DUI Lawyer is standing by. DUI / DWI / Drunk Driving is a serious charge to have on your driving record in Polk County. You need a serious defense. DUI Defense can be challenging. The police are the main state witnesses. Scientific evidence from the Intoxilyzer 8000 breath test or blood tests may be presented against you. Damaging evidence against you may include the breath test, the officer’s testimony, and Standard Field Sobriety Tests.
 
W.F. ”Casey Ebsary, Jr.” is a Board Certified Criminal Trial Lawyer and DUI – DWI attorney who helps in Polk County, Florida, has knowledge of these issues, and can help you establish your defense against these and other traffic offenses.
 

Polk D U I Arrests by the Numbers

 
We uncovered a report that there are about 1300 to as many as 1600 people arrested each year for DUI in Polk County according to arrest statistics for each Florida County. The most recent traffic citation and DUI Arrest numbers for Polk County are available on our Polk County Florida DUI Law Blog.
 

Video – How To Choose an Attorney

 
  
 

Defend yourself against this charge with an experienced D U I lawyer right now. For a free case analysis and evaluation, please call or submit your case information on a DUI in Florida, in Polk County or in the Lakeland Area. Many people wish that they had saved the facts of their case while it was still fresh in their mind. We have developed an Interview that can help you to preserve the evidence of your case to help defend you.

Polk County Includes the Cities of :

 
Auburndale, Bartow, Crystal Lake, Cypress Gardens, Davenport, Dundee, Fedhaven, Fort Meade, Frostproof, Haines City, Highland City, Highland Park, Kathleen, Lake Alfred, Lake Wales, Lakeland, Mulberry, Nalcrest, Polk City, and Winter Haven
There have been 1300 to as many as 1600 people arrested each year for D U I in Polk County, Florida. 

DUI News is also available on the DUI Law Blog for free.
Since there is no Bureau of Administrative Reviews Office Locations in Polk County, offenses in Polk County including many DUI issues, such as Under Suspension, Need Driver License for Work and Hardship Driver Licenses, must be resolved at 2814 East Hillsborough Avenue, Tampa, 33610-4479 Office (813) 276-5795
 
 

Other Drivers License issues may be resolved at the Driver License Offices such as having a Driver license issued, taking a driving test and having an ID Card issued. There are three offices in Polk County:
Polk County Driver License Offices
City Street Address Phone Number Office Hours Comments
Haines City North Ridge (Davenport) Service Center 2000 Deer Creek Commerce Lane, Davenport, FL 33837 (863) 421-3202 Mon-Fri 8am-5pm Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lake Wales 692 U.S. Hwy 60 West 33853 Map to location (863) 678-4160 Mon-Fri 8am-5pm Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule
Lakeland 3249 Lakeland Hills Boulevard 33805-2299 Map to location (863) 499-2323 Mon-Fri 8am-5pm Make Appointment Online-All Services CDL Hazmat Cash, Check, MasterCard, Discover Card, or American Express Accepted – See Fee Schedule

 

For More Florida DUI DWI Defense Qualifications & Information Visit Us at the DUI Information Links Below

 


More D U I Information on DUI Drug Court Division

 
Polk County DUI Attorney reports on the DUI Drug court division established by Judge Ronald A. Herring. The Judge ordered that any multiple DUI offender may have the option of DUI Court as part of a plea offer. If the offer and the case is accepted into the division, the Polk County DUI defendant’s case may be transferred to the Judge presiding over DUI or Drug Court . The DUI/Drug Court shall be a condition of the offender’s probation. Also involved in the DUI Court are: Judges, Assistant State Attorneys, Defense Attorneys, County Probation, Polk County Sheriff’s Office, Lakeland Police Department Offices, AA representatives and MADD representatives.

If you may be eligible for the new DUI Court program, we can help.

Polk County DUI Attorney Reports

 

Polk DUI Attorney website and Lakeland Ledger reports 54 Polk DUI cases were thrown out. The reason – what has been suspected for years, since computers have been used to write D U I arrest reports:
1. Cops use a template to write report(s); 2. Cops take a previous D U I report(s) and change the name, leaving details the same; 3. Cops use the same language when talking about the field sobriety exercises.
The Polk County Sheriff Deputy had made “made about 124 arrests for DUI since he began working last year” According to published reports.
Source: http://www.theledger.com/article/20090808/news/908085027
DISCLAIMER:  The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. The submission of this does not establish an attorney client relationship.

 


Other Stories About Polk County and Lakeland, Florida

 

DUI Florida Vehicle Immobilization

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DUI Attorney Tampa On Call | 813.222.2220 | Hillsborough County FL

Oct 29, 2016 – W.F. ”Casey Ebsary, Jr.” is a Board Certified Criminal Trial Lawyer and DUI – DWI attorney who helps in Polk County, Florida, has knowledge of …
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Jun 12, 2012 – … Policy is in effect statewide and should also cover Hillsborough DUI cases, Pinellas DUI cases, Polk DUI cases, and Hernando DUI cases.
 
Please submit all questions and comments to:
Law Office of Board Certified Criminal Trial Lawyer
W. F. “Casey” Ebsary, Jr.
2102 W Cleveland St Tampa, FL 33606
813.222.2220
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Florida, Confessions, DUI, and the Corpus Delicti Rule

Florida, Confessions, DUI, and the Corpus Delicti Rule
Florida, Confessions, DUI, & the Corpus Delicti Rule

What If A Driver Accused Of DUI In Florida Confesses To The Police?

Florida DUI cases are unusual when it comes to confessions. Specifically, admitting driving at the time of the crash is not enough. There must be more evidence. Sometimes. the evidence may be DNA. Periodically, hair samples may be the evidence. Occasionally, the evidence may be the position of the driver at the time of the crash. Police may arrive after the driver has moved from the vehicle. Florida appeals courts have ruled against allowing confession into evidence. They said the state needs to prove corpus delicti of DUI offense with serious bodily injury first. Then the state may introduce defendant’s confession into evidence.

What Is The Definition Of Corpus Delicti In Florida?

There is a Law Journal article “The Anatomy of Florida’s Corpus Delicti Doctrine.” Respected jurist Circuit Judge Tom Barber in Hillsborough County is the author. In it, the judge defines the term, “corpus delicti,” as “the body of a crime.” It requires that first the state proves that a crime has been committed. Then the state may bring a defendant’s extrajudicial (i.e., out of court) confession into evidence in a criminal trial.”

Fl Bar J Volume LXXIV, No. 9 at 80 (Oct 2000). You can review judge Barber’s take on this subject here.

What Is The Law In Florida On Confessions, DUI, And The Corpus Delicti Rule?

There are specific items needed for conviction of DUI with serious bodily injury. First, there must be proof that defendant was driving the vehicle. Also, there must be proof of the defendant’s impairment at the time of crash. Furthermore, there must be evidence independent of the confession that defendant was actually behind wheel at time of crash.

Reported at 30 Florida Law Weekly D2379a

Read about local DUI conviction rates. Learn about how Law Enforcement Testifies in DUI Cases

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DUI Officer Misses Hearing – Driver Gets License Back

The arresting officer was properly subpoenaed and did not appear at, the formal review hearing

The arresting officer was properly subpoenaed and did not appear at, the formal review hearing

What Happens When The Arresting Officer Is Subpoenaed To Appear At A Driver’s License Suspension Hearing And Fails To Show?

A breath test administered after a DUI traffic stop and arrest indicated the driver’s blood alcohol level exceeded 0.08 percent. The driver requested a formal review of the license suspension at the Bureau of Administrative  Reviews. The arresting officer was properly subpoenaed and did not appear at, the formal review hearing.  

DUI License Suspension Case Summary

The driver got his license back. The arresting officer was properly subpoenaed for, but did not appear at, the formal review hearing conducted by the Department of Highway Safety (“the Department”). The controlling statutory provision is clear: “If the arresting officer . . . fails to appear [at the formal review hearing] pursuant to subpoena . . . the department shall invalidate the suspension.” § 322.2615(11), Fla. Stat. (2014). Under the circumstances of this case, we find that the circuit court, acting in its appellate capacity, applied the incorrect law when it affirmed the hearing officer’s order sustaining the suspension.  

The Court’s Ruling In A DUI Suspension Case

One court just ruledThe circuit court did not apply section 322.2615(11), and thus, it did not apply the correct law in reaching its decision (enforcing /  sustaining a DUI suspension). Accordingly, we grant the petition and quash (dismiss) the circuit court’s order affirming the hearing officer’s order sustaining the suspension. We . . .  direct that [thedriver’s] suspension be invalidated . . . “

COMPLETE TEXT OF OPINION

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Case No. 5D15-769

JEFFREY M. OBJIO, 
Petitioner,
 
v. 
 
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Respondent.
________________________________/
Opinion filed November 20, 2015
 
EDWARDS, J.
 

    Through a petition for certiorari, Jeffrey Objio asks this court to consider whether the suspension of his driver’s license for driving under the influence of alcohol, must be invalidated where the arresting officer was properly subpoenaed for, but did not appear at, the formal review hearing conducted by the Department of Highway Safety (“the Department”). The controlling statutory provision is clear: “If the arresting officer . . . fails to appear [at the formal review hearing] pursuant to subpoena . . . the department shall invalidate the suspension.” § 322.2615(11), Fla. Stat. (2014). Under the circumstances of this case, we find that the circuit court, acting in its appellate capacity, applied the incorrect law when it affirmed the hearing officer’s order sustaining the suspension.1 Accordingly, we grant the petition and quash the circuit court’s order.

BACKGROUND FACTS

    Objio was stopped by Officer Dunn and ultimately arrested by Officer Fowler for driving under the influence of alcohol. A breath test administered by Ray Garcia revealed that Objio’s blood alcohol level exceeded 0.08 percent. Pursuant to section 322.2615, Florida Statutes (2014), Objio’s driver’s license was suspended, and he was issued a temporary business-only driving permit. In accordance with section 322.2615(6), Objio sought a formal review of the suspension. Subpoenas were issued and timely served on Dunn, Fowler, and Garcia. The subpoenas required them to attend the formal review hearing scheduled by the Department.  

    When Officer Fowler did not appear at the hearing, Objio moved for invalidation of the suspension pursuant to section 322.2615(11), which provides that “[i]f the arresting officer . . . fails to appear pursuant to a subpoena . . ., the department shall invalidate the suspension.” The hearing proceeded in part, during which time Objio’s counsel questioned Dunn and Garcia. Although the hearing officer stated that he would be willing to continue the case and would extend the duration of Objio’s temporary driving permit,  

1 This is not a situation where the formal hearing was continued based upon the arresting officer’s pre-hearing written request for a continuance.

    Objio’s counsel declined. Objio reiterated his position that section 322.2615(11) was absolute in its terms and required the hearing officer to invalidate the suspension. At this point, the hearing officer asked whether Objio would object to a continuance; when Objio’s counsel did not provide an immediate answer, the hearing officer said he would check back with him later. The hearing officer wanted time to consider this issue because section 322.2615(11) was recently revised, so he informed Objio’s counsel that they would reconvene by recorded telephone call to complete the argument and ruling on this specific issue.

    Several days later, as agreed, the hearing officer contacted Objio’s counsel by telephone and was informed that Objio was not going to request a continuance because section 322.2615(9) provides that a temporary driving “permit may not be issued to a person who sought and obtained a continuance of the hearing.” The hearing officer entered a written order that denied Objio’s request for invalidation of the suspension under section 322.2615(11); and sustained the license suspension.

    Objio appealed the hearing officer’s ruling to the circuit court by petition for certiorari. The circuit court noted that Fowler timely submitted a written request for continuance of Objio’s formal review hearing. However, no continuance was ever ordered by the hearing officer. A Department rule, that predates the revision of section 322.2615(11), provides that a properly subpoenaed witness who fails to appear at a scheduled hearing may submit a written statement showing just cause for the failure to appear within two days of the hearing. Fla. Admin. Code R. 15A-6.015 (2014). “[J]ust cause shall mean extraordinary circumstances beyond the control of . . . the witness which prevent that person from attending the hearing.” Id. The reason given for requesting the continuance was that Fowler would be on leave on the date of the hearing. The circuit court agreed with the Department that the arresting officer did not “[fail] to appear” at the hearing since he had sought a continuance, rather than simply not showing up. The circuit court reasoned that Fowler’s absence did not trigger the mandatory invalidation provision of section 322.2615(11) and found that Objio could not avoid the consequences of license suspension by refusing to accept the hearing officer’s initial offer of a continuance. The circuit court upheld the hearing officer’s order sustaining the suspension of Objio’s license and noted that there seemed to be a conflict between sections 322.2615(6) and (11). Objio timely petitioned for certiorari review by this court.

STANDARD OF REVIEW

    When a party seeks review of the circuit court’s ruling on an administrative action, the district court of appeal conducts what is known as “second-tier” review and must determine “[1] whether the circuit court afforded procedural due process and [2] applied the correct law.” Broward Cty. v. G.B.V. Int’l, Ltd., 787 So. 2d 838, 843 (Fla. 2001) (quoting City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)). Objio does not claim that he was denied procedural due process, so we only need to decide if the circuit court applied the correct law in reaching its decision.

APPLICABLE LAW

    The applicable law regarding the consequences of the failure of an arresting officer to appear at a review hearing is section 322.2615 (11). When it comes to a formal review hearing, section 322.2615 treats the non-attendance of subpoenaed arresting officers differently than the non-attendance of other subpoenaed witnesses. Section 322.2615(6)(c) provides that “failure of a subpoenaed witness to appear at the formal review hearing is not grounds to invalidate suspension.” (emphasis added). Even a driver’s failure to appear at his own hearing will be excused unless “the hearing officer finds such failure to be without just cause.” Id. § 322.2615(6)(b). However, in a situation such as this, where no continuance is ordered, section 322.2615(11) is absolute, mandatory, and quite clear when it states that “[i]f the arresting officer . . . fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension.” Id. (emphasis added). Because there is no ambiguity in the wording of subsection (11), there is no need to resort to any other source for explanation or definition, such as Florida Administrative Code Rule 15A-6.015, which was discussed above. Thus, when the arresting officer, Fowler, failed to appear at the hearing after being duly subpoenaed, the hearing officer was required, under section 322.2615(11), to invalidate the suspension of Objio’s driver’s license. 

    The circuit court did not apply section 322.2615(11), and thus, it did not apply the correct law in reaching its decision. Accordingly, we grant the petition and quash the circuit court’s order affirming the hearing officer’s order sustaining the suspension. We remand with instructions to the circuit court to grant Objio’s original petition for certiorari, reverse the hearing officer’s order, direct that Objio’s suspension be invalidated, and ordering the Department to revise its records relating to him accordingly.

PETITION GRANTED; ORDER QUASHED; REMANDED WITH INSTRUCTIONS. 

EVANDER and WALLIS, JJ., concur.

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Drug DUI and Cannabis in the Courts

 
Drug DUI, THC, Cannabis, DUI
Drug DUI and Cannabis

What are the effects of THC on the brain of a driver?

For both DUI attorneys and medical experts in the courts, this is a concept known as THC Kinetics and involves the concept of Hysteresis. Recently I attended a seminar that covered key issues, Questions and Answers on Drug DUI with Dr. Stefan Rose of University Medical & Forensic Consultants, Inc. We learned that during the time of smoking marijuana and during the intoxication period (if one occurs) the blood and brain THC concentrations are in disequilibrium with each other. Another term for disequilibrium is “counterclockwise hysteresis”. When the THC blood levels are high the intoxication is low. When the THC blood levels are low, the intoxication (if present) is high, but only for a short time (minutes to an hour or so). Therefore it is IMPOSSIBLE to predict any pharmacologic effect at any point in time based on a blood THC test result. Nevertheless, there are harsh sanctions / penalties for refusing to take a test, when asked.
 

What is the scientific basis for urine testing and prediction of impairment by a driver?

 
NHTSA addresses Urine THC Kinetics in Drugs and Human Performance Study. With respect to Interpretation of Urine Test Results: Detection of total THC metabolites in urine, primarily THC-COOH-glucuronide, only indicates prior THC exposure. Detection time is well past the window of intoxication and impairment.
 

What do controlled clinical studies tell us about DUI and drug impacts on THC Cannabis impairment?

 
Published excretion data from controlled clinical studies may provide a reference for evaluating urine cannabinoid concentrations; however, these data are generally reflective of occasional marijuana use rather than heavy, chronic marijuana exposure. It can take as long as 4 hours for THC-COOH to appear in the urine at concentrations sufficient to trigger an immunoassay (at 50ng/mL) following smoking. Positive test results generally indicate use within 1-3 days; however, the detection window could be significantly longer following heavy, chronic, use. Following single doses of Marinol®, low levels of dronabinol (same as THC) metabolites are present for more than 5 weeks in urine. Low concentrations of THC have also been measured in over-the-counter hemp oil products – consumption of these products may produce positive urine cannabinoid test results.
 

What do we know about drug driving and THC Kinetics?

 
1. When smoking marijuana, THC is rapidly absorbed into the bloodstream from the alveoli in the lungs
2. The peak blood THC concentration occurs within minutes near or after the end of smoking
3. The THC goes through the blood to the organs and tissues of the body
4. As the blood THC concentration is falling the brain THC concentration is rising (hysteresis) therefore NO correlation of blood THC concentration to intoxication exists
5. The blood flow–peak determines the time to reach maximum THC concentrations in the various organs and tissues. The organs with the most blood flow have THC concentration the quickest
6. The organs with the highest blood flow are the brain, liver, kidneys and lungs
7. Skeletal muscle has low blood flow and fat tissue has very low blood flow
8. Fat accumulates THC slowly, and releases THC back into the bloodstream for days, weeks and months after the last dose of THC
9. Chronic marijuana users may have measurable residual THC levels in the blood for days and weeks after the last dose
10. A single blood THC result cannot determine when a person smoked marijuana or how much marijuana a person smoked!
11. A single blood THC result by itself cannot determine a person’s impairment from THC. Clinical correlation is necessary!

Can a THC Result Can ever Predict Impairment?

 
1. THC Blood : Serum ratio not known (if sample is serum)
2. THC Kinetic curve unknown (THC at driving not known)
3. THC Hysteresis effect not known
4. Residual THC in blood not known
5. THC drug-dose response not known
6. THCt olerance not known
7. CBD content and effect not known
8. Neurologic exam for THC effect not performed
9. Even NHTSA says it cannot be done!

How can a lawyer and an expert Challenge Blood Drug Results?

1. Challenge the chemical analysis for quantitative and qualitative accuracy. The quantitative value ALWAYS has error and uncertainty associated with it. Challenge the quantitative value through the ISO 17025 standard. Inspect ALL documents from the Laboratory Litigation Package and look for qualitative errors. A successful challenge to a driver’s license suspension can avoid a suspension.
 
2. Challenge the idea that a single blood drug test predicts blood drug concentration at the time of stop or crash. Blood drug concentrations are a moving target, and constantly changing. Therefore blood drug concentrations at the time of a stop or crash are unpredictable with a single blood drug test result. In fact, the only way to know the blood drug concentration is to have a blood sample taken at the time of the stop or crash
 
3. A blood drug concentration can NEVER predict the pharmacologic effect, or impairment on any individual even with known blood drug concentration! Pharmacology studies include populations of people, and those studies do not predict the pharmacologic effect on any individual because of the wide range of response to any drug. Modern medical pharmacology holds that doctrine to be true and cannot be changed for the sake of litigation. Counter-clockwise hysteresis of THC makes the prediction of impairment from a blood THC result IMPOSSIBLE.
 

What are important cross examination questions to ask in Drug DUI cases?

 
1. What type sample was analyzed? Whole blood, serum, plasma?
2. If serum/plasma, what was the whole blood: serum THC ratio?
3. What sample type are you referring to regarding any study of pharmaco-kinetics/pharmaco-dynamics?
4. Have you made the necessary correction in your calculations if the sample type is different?
5. How do you know what the defendant blood: serum THC ratio was?
6. What is the target organ that THC affects? (BRAIN)
7. What is the BRAIN THC concentration that causes impairment?
8. Was the BRAIN THC concentration measured?
9. A low blood THC concentration can mean a high or low brain concentration, correct?
10. Blood THC concentration does not predict BRAIN THC, does it?
11. How do you know what the defendant’s BRAIN THC concentration was?
12. Even if you knew the BRAIN THC concentration you would not know if that caused impairment, would you?
13. There is no published correlation between blood THC, BRAIN THC and impairment, is there?
 
If you need a forensic consult on your case please contact Dr. Stefan Rose directly by email at toxdoc@umfc.com or call 561-795-4452. Questions and Answers from recent Class on Drug DUI with Dr. Stefan Rose. University Medical & Forensic Consultants, Inc. ©2015.