Category Archives: DUI Testing

Permalink to Forced Blood Draws are Ruled Unconstitutional by SCOTUS

Forced Blood Draws are Ruled Unconstitutional by SCOTUS

A few months ago, the Supreme Court of the United States considered the question whether states may attach criminal penalties on a diver who refuses to submit to a blood or breath test to measure the blood alcohol concentration level during a DUI arrest. For Birchfield v. North Dakota case, the Court wanted to know in […]

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Permalink to Mis-calibrated Breathalyzer Machine Problems in PA

Mis-calibrated Breathalyzer Machine Problems in PA

One of the main problems with DUI breath testing is that individual police departments are responsible for making sure the machines are working properly.  There are no checks and balances. Imagine a restaurant conducting its own food and health inspections.  It makes no sense.  Well then why does it make sense for the police to […]

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Permalink to PA JUDGE FALLS OVER DURING ROADSIDE TEST

PA JUDGE FALLS OVER DURING ROADSIDE TEST

When State Trooper Daniel Beatty stopped a swerving black Mercedes Benz down Route 28 on the July Fourth holiday weekend, he thought it would be a routine DUI stop. As he approached the car, he said the female driver was “reeking of alcohol, staggering and incoherent to the situation.” Officer Beatty was surprised that the […]

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Permalink to DRIVING THROUGH THE DUI PROCESS   Part 1 of 6: The Arrest

DRIVING THROUGH THE DUI PROCESS Part 1 of 6: The Arrest

Welcome to our new blog series where we will drive you through the DUI process from the time of arrest all the way to trial. There may be a number of signals that can trigger an officer to suspect you of driving under the influence. For example, you might have been driving too slowly, changing lanes […]

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Permalink to Don’t Eat (Pizza) and Drive!

Don’t Eat (Pizza) and Drive!

Did you know that eating white bread, donuts and pizza dough can register positive blood-alcohol readings on a Breathalyzer Machine? Sounds absurd—but it’s true. A number of experiments were conducted where the BAC of a normal person was recorded by the breath machine to be 0.0% . The subject then ate a slice of white bread […]

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Permalink to Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Congratulations to Attorneys Justin McShane and Katherine McShane, of The McShane Firm, who co-authored a chapter in the book Understanding DUI Scientific Evidence.   This book is widely respected in legal circles as it is authored by top attorneys and scientists. The chapter they authored is entitled “Pennsylvania DUID Prosecution: The Measurand Problem” . DUI Drugs (DUID) is a […]

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Permalink to Attorney McShane Lectures for the Pennsylvania District Attorneys Association

Attorney McShane Lectures for the Pennsylvania District Attorneys Association

In my time lecturing on forensic science, I have had the honor of instructing scientists, judges, policy-makers, defense attorneys and even prosecutors.  I think it is important that all the stakeholders in the criminal justice system know the science involved so we can make sure we are not convicting innocent people. Recently I was invited to […]

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Permalink to But they took a blood test…

But they took a blood test…

Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true. A DUI blood test is a piece of paper with a result. In reality, it is an opinion. […]

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Permalink to “The eyes don’t lie” or can they? The future of the HGN test in PA

“The eyes don’t lie” or can they? The future of the HGN test in PA

“The eyes don’t lie” or can they? The McShane Firm attorneys acted through the Pennsylvania Association of Drunk Driving Defense Attorneys (PADDDA) as amicus curiae in filing an amicus brief with the Supreme Court of Pennsylvania in the case of Commonwealth v. Weaver. The certified question by the Pennsylvania Supreme Court in Commonwealth v. Weaver: Whether […]

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Permalink to New Article Published about Oral Fluid Testing for Drugs

New Article Published about Oral Fluid Testing for Drugs

A new article co-authored by Attorney Justin McShane has been published in “Voice for the Defense,” a publication of the Texas Criminal Defense Lawyers Association.  The article entitled “PBTs for Drugs: Oral Fluid Collection Devices” discusses the science behind portable breath test devices which are being used to screen for drugs. Law enforcement agencies plan […]

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