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Urinalysis Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Urinalysis"

Ohio DUI Law: How To Fight A Urine Test

In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio's DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen.  Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge.  While less reliable than a blood or breath test, the urine...

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Alcohol Tests Under Heightened Scrutiny

The following article, by Andy Coghlan appeared today's version of New Scientist. [HERE]  It represents possible scientific defenses to blood and urine alcohol tests.  Dayton DUI attorney Charles M. Rowland II is committed to learning as much as possible about scientific advances in DUI defense.  He is currently the only attorney in the State of Ohio to be certified in Forensic Sobriety Assessment. Fail an alcohol test and you could lose your job. But confidence is draining from the blood and urine tests that are supposed to show conclusively whether someone has been drinking – and the US ...

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Blood & Urine Specimens O.A.C. 3701-53-05

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens.  Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin.  No alcohols shall be used as a skin antiseptic."  A good place to start your DUI investigation is the first blood draw.  We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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Ohio Blood and Urine Tests for Alcohol

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio Administrative Code 3701-53-01 sets forth the rules used in blood testing cases.  Like no other area of DUI practice, experience can make all the difference in a blood or urine test.  Ohio DUI defense attorney Charles M. Rowland II has successfully suppressed blood results in OVI cases and has the experience to fight your Blood-Alcohol Test.  Set forth below are just some of the requirement of OAC 3701-53-05:Specimens are to be collected in accordance with RC 4511.19 or RC 1547.11. For blood samples, an aqueous solution of a non-volatile (nonalcohol) antiseptic is to be...

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DUI Science: The Fallacy of the Average Person

One of the greatest sources of error in blood-alcohol testing is consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits. Put another way, obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person being tested, these assumptions are usually incorrect: The person tested is rarely "average" in even one of these critical characteristics, let alone in all of them.Counsel in a DUI case will constantly be confronted by these almost-hidden assumptions. And it is very important that these false premises be brought out...

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