Tag: blood test

OWI Blood Test Result – Not Guilty

Indianola, Warren County, Iowa.  A Warren County Jury found GRL’s client NOT GUILTY at trial.  In an unusual case, GRL’s client was prosecuted for OWI after another driver who was high on methamphetamine, crossed the center line and hit him in a head-on collision.  GRL’s client was taken to the hospital for medical treatment and even though officers did not observe any evidence of impairment, a search warrant was obtained and his blood was withdrawn.  The test result was .084 nearly four hours after the accident.  After careful consideration of all of the evidence the jury found GRL’s client NFG.

Read More

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

Read More

Doggonit

Boone County, Iowa.  A client for GRL attorney Matt Lindholm (aka The Wolf), recently had his operating while intoxicated charge dismissed.  The client was charged with OWI after law enforcement officers obtained a search warrant and took a sample of his blood for chemical testing.  A motion to suppress was filed challenging the admissibility of the blood test results arguing that the State cannot just obtain a search warrant for a blood sample on a standard OWI case, and that the client’s rights to a phone call were violated because he was not allowed sufficient time to speak to an […]

Read More

THC Metabolite Concentration is Inconsistent Predictor of Impairment

Are blood or saliva concentrations of delta-9 THC metabolites predictive of impairment? That’s what a recent article in the Neuroscience and Biobehavioral Reviews journal sought to determine. The article published data from a meta-regression analysis of 28 studies involving 824 participants. The biggest takeaway is that neither THC nor THC metabolite concentrations are consistent predictors of impairment.  Surprisingly, THC levels in blood, which is the bodily specimen of choice in OWI search warrants in Iowa, showed the weakest correlation. Iowa law equates the mere presence of inactive metabolites of THC with being under the influence of cannabis.  However, the science […]

Read More

Expired Is Not New

Boone County, Iowa.  Attorney Matt Lindholm recently appeared before a Boone County judge arguing that the use of a blood testing kit that was expired by five years and was used to collect his client’s blood for a drunk driving prosecution should not be admissible.  At the heart of the issue was whether the blood testing kit was “new” as required by Iowa law in order for the blood test results to be admissible.  The judge found that the kit was not knew because it was expired and threw out the blood test results.  The charge was ultimately reduced to […]

Read More

Denial of Independent Test Leads to Suppression of Breath Test Refusal

Polk County, Iowa- A GRL Law client was approached by officers while sleeping in his car in a residential neighborhood with his vehicle running.  Officers suspected that he was under the influence.  The client was taken back to the station where he was asked to consent to a breath test.  The client stated that he wanted to take the test if he could have his blood drawn.  Instead of allowing the client to choose who would come draw his blood for an independent test, the officer called the medical examiner down to draw his blood.  Based upon these circumstances, the […]

Read More

THC Levels Do Not Predict Driving Impairment

The February 5, 2021 issue of Traffic Injury Prevention published results from an Australian study assessing the relationship between THC levels and driving performance.   Volunteers consumed vaporized cannabis samples of varying potencies containing THC, CBD and a placebo.  Blood and saliva samples were collected 30 minutes after inhalation and 3.5 hours later.  Researchers evaluated driving performance on a simulator. Nearly half of the participants failed to show driving impairment after 30 minutes despite showing THC levels above the per se limits, e.g., 5 ng/ml.  Several participants did show impairment at the 3.5 hour mark, but their THC levels were below […]

Read More

Yes, Drug Testing Methods Can Mistake Hemp-Derived CBD for THC

I recently came across a little-known study published in the Journal of Analytical Toxicology that raises serious questions regarding whether the gold standard in forensic urine testing could mistake hemp-derived CBD for THC. Many laboratories include derivatization as a part of their sample preparation for analysis by gas chromatography – mass spectroscopy (GC-MS).  Derivatization is the process by which a compound is changed chemically so that it has properties that are more amenable to a particular analytical method.  Essentially, the new compound becomes more suitable for detection and analysis. Researchers discovered trifluoracetic anhydride (TFAA), a common derivatizing agent used in GC-MS […]

Read More