Tag Archives: Blood Tests

Learn more about DUI blood test evidence and how they can be challenged in court.

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 NTSB Recommends Cutting the DUI limit from .08 to .05

NTSB Recommends Cutting the DUI limit from .08 to .05

Yesterday, the National Transportation Safety Board (NTSB) recommended that states reduce the allowable blood-alcohol concentration for DUI from 0.08% to 0.05%  claiming that it will make the roads safer.  Unfortunately, this recommendation has no scientific backing and will result in many more false arrests if adopted. It is based upon a belief not founded in […]

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Permalink to The Truth About Forcible Blood Draws

The Truth About Forcible Blood Draws

The 4th Amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things […]

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Permalink to DUI Blood Tests Impacted by Lab Errors

DUI Blood Tests Impacted by Lab Errors

More sloppy lab work leads to more uncertainty about DUI convictions.  This time it’s Colorado again:   At issue is the Colorado Department of Public Health and Environment’s testing for blood-alcohol content, which many law enforcement agencies rely on to establish if someone is over the legal limit for driving, .08 percent. In early May, […]

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Permalink to DUI Myth Busters: High BAC Can’t be Won

DUI Myth Busters: High BAC Can’t be Won

Many people who are charged with a DUI believe that cases with a reported High BAC number cannot be won.  This, however, is not correct. (At The McShane Firm, we have won many high BAC cases in the past: High BAC cases won by The McShane Firm) A good DUI lawyer is trained in how […]

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Permalink to More Blood Test Woes

More Blood Test Woes

Once again, DUI blood testing has been compromised by sloppy and reckless technicians: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered The state is retesting 1,700 DUI blood samples after a laboratory employee failed to follow proper procedures, which skewed the results of the tests. The mistakes open the […]

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Permalink to Crime Labs Positive. Retests Show Substance was not Present in the First Place!

Crime Labs Positive. Retests Show Substance was not Present in the First Place!

Blood tests are often treated like the “holy grail” of DUI evidence.  Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy.  I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge […]

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Permalink to High Error Rates in State Crime Labs Lead to False Convictions

High Error Rates in State Crime Labs Lead to False Convictions

One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific.  This couldn’t be further from the truth.  The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry […]

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Permalink to Another DUI Testing Scandal: This time Houston

Another DUI Testing Scandal: This time Houston

DUI testing scandals are nothing new nor are they even rare.  From Central Pennsylvania to San Fransisco to Indiana to the Nation’s Capital, DUI testing scandals have effected tens of thousands of cases across the country.  Lack of oversight, mishandling, cover-ups and under-qualified/over-worked technicians have become the norm rather than the exception.  This time another […]

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Permalink to Challenging DUI Blood Evidence Part 6: Questions You Should Ask Your Attorney

Challenging DUI Blood Evidence Part 6: Questions You Should Ask Your Attorney

When you are facing a Pennsylvania DUI case involving blood evidence, you need an experienced and knowledgeable attorney to defend your case. Understanding DUI blood testing involves having a high level of knowledge in many disciplines of science. If your lawyers does not understand blood testing, you will have almost no chance of winning your […]

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