Tag: DUI urine test

Murphy Presents at 2024 ISBA Seminar

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.    

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Marijuana OWI Dismissed

GRL recently secured another NFG when the Bremer County Attorney dismissed a marijuana OWI on the eve of trial. While there were a number of problems with the state’s case, the one that tipped the scales the most was the officer’s plain view observation of “marijuana bud” in the passenger compartment.  That turned out to be a piece of Lactuca sativa otherwise know as . . . Wait for it. Lettuce. That’s right.  He seized that other green leafy substance popular with salads and wraps.  And framed the rest of his investigation from the standpoint of marijuana impairment. At least he […]

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CDL Saved After Urine Test Results Suppressed

In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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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 […]

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GRL Saves CDL with DOT WIN

The drug defense attorneys at GRL Law prove once again that preparation is everything when it comes to implied consent testing and DOT administrative hearings.  This is especially true when it involves professional CDL drivers and forensic drug testing. In this case, a DOT officer assigned to an I-35 weigh station in North Iowa believed he had reasonable grounds to invoke implied consent and request a urine sample under Iowa Code section 321J.6 based on the discovery of a small amount of marijuana and an admission to smoking the previous evening.  When the sample came back positive for non-impairing metabolites […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

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 […]

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THC Metabolites Detected in Urine Following Full-Spectrum CBD Use

The November 4, 2020 issue of JAMA Psychiatry published results from a recent study examining whether the use of full-spectrum CBD from legal hemp (< 0.30% Δ9-THC) would lead to positive urine test results for THC metabolites. It has been often assumed that hemp-derived cannabidiol products will test negative for urinary THC.  However, the study showed that half of subjects tested positive for carboxy-THC, an inactive metabolite of Δ9-THC, after four weeks of daily use.  Samples were initially screened through urine drug assays.  Positive screens were confirmed through gas chromatography-mass spectroscopy. The results suggest that individuals consistently using full-spectrum, hemp-derived […]

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THC Metabolites Remain in Blood for Extended Periods During Abstinence

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 […]

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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 […]

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