Tag Archives: Challenging DUI Blood Evidence

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 How Much Blood is Actually Tested?

How Much Blood is Actually Tested?

One of the common misconceptions about DUI blood testing is that people think that an entire 10 ml vial of blood is tested.  It is not.  The actual amount tested can be seen in the picture below. (Note: There is a difference in the two vials.  Can you tell what it is?) The vial on […]

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Permalink to Breaking News: Blood Tests Invalid in Lebanon County

Breaking News: Blood Tests Invalid in Lebanon County

A ruling by all of the judges in the Court of Common Please in Lebanon County has rendered DUI blood tests inadmissible there. The issues stems from problems with the way Good Samaritan Hospital (GSH) conducts blood tests.  There are two main issues that the court found: 1. The Use of Supernatant vs. Whole Blood […]

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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 Do You Believe in DUI Blood Tests?

Do You Believe in DUI Blood Tests?

A frustrated judge once asked me, “Justin why don’t you ever stipulate to a forensic science result?” They answer is simple: Because they are not reliable. For those who are not familiar with the terminology, “stipulating” means accepting the result of a forensic test without questioning it. Many The vast majority of lawyers do this, […]

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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 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 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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Permalink to Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts

Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts

One question young, ambitious lawyers often ask me is, “how do you effectively cross-examine forensic experts?”  Cross-examining the prosecution’s experts is one of the most important stages in a DUI case because if that “expert” testimony is left unchallenged, the blood alcohol reading or the drug concentration result will be accepted and most certainly will […]

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