On September 12, 2024 Colin Murphy presented at the annual Iowa State Bar Association’s Bridge the Gap Seminar in Des Moines. The presentation focused on recurring issues in drugged driving cases. In particular, Colin demonstrated how defense attorneys can defend against OWI-drug charges involving marijuana. The drug defense attorneys at GRL Law frequently speak at these events to educate both the bench and bar on emerging legal issues.
Winterset, Madison County, Iowa. GRL has been warning anyone who will listen NOT to disclose prescription medications to law enforcement during a traffic stop. This most recent GRL NFG demonstrates precisely why this is. GRL’s client provided a breath sample of .037 but disclosed that he was taking his non-controlled substance medication. The urine test that GRL’s client consented to confirmed the presence of only the prescription medication. A young and aggressive officer, fresh off of training for driving while drugged investigations, even with the test results, still charged GRL’s client with Operating While Intoxicated and Child Endangerment. Thankfully, GRL […]
The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles. Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like. But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]
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 […]
Shelby County, Iowa- A GRL Law client was stopped for allegedly driving while suspended as he pulled into his driveway. The officer ran the client through field sobriety tests and had him blow into a preliminary breath testing device which registered a result under .08. Even though the client blew under the legal limit, the officer believed that he was under the influence of some drug other than alcohol without any specific basis for believing so. The client then provided a breath test, indicating that he was slightly above the legal limit. He was charged with open container, OWI 2nd […]
The February 5, 2021 issue of Psychopharmacology published data from a Canadian study assessing the effect of both THC and alcohol on driving performance. Regular users of cannabis participated in simulated driving sessions after smoking marijuana (12.5% THC) and drinking alcohol (target breath alcohol 0.08%). Researchers discovered the driving performance after ingesting both marijuana and alcohol “was significantly greater than the effect of each drug by itself.” This included the test subjects’ reaction time as well as their ability to maintain speed and lateral position. The suggested additive effect of marijuana and alcohol on driving performance is consistent with prior […]
Polk County, Iowa- A commercial truck driver was stopped for an inspection of his vehicle. The inspection turned up no evidence of illegal substances, but the driver, who was from out of state, was suspected of operating while under the influence. The officer who conducted the investigation ultimately concluded that the driver must’ve been under the influence of a controlled substance. The driver consented to provide a sample of his urine. After drinking many cups of water, he was unable to urinate and the officer marked him as a refusal. He was charged with OWI based in large part upon […]
Northwood, Worth County, Iowa. The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]
According to data recently published in the journal Drug and Alcohol Dependence, THC remained detectable in blood at levels greater than 2.0 ng/ml during several days of abstinence. Investigators affiliated with the University of British Columbia reviewed the relevant literature assessing residual THC plasma levels in those who regularly consume cannabis. They reported: “[I]n all studies where participants were observed for over a day, blood THC [levels] in some participants remained detectable during several days of abstinence,” with some subjects continuing to test positive for up to 30 days. Some subjects also demonstrated a so-called “double hump” pattern “where their […]
Things to Keep in Mind When Traveling With any Contraband.
