A lot of politics surround the issue of DUI in PA. There are many powerful lobbies like MADD and the Pennsylvania DUI Association that are pushing for harsher penalties for DUI and have even proposed some legislation that, in essence, assumes that a suspect is guilty before they have had a chance in court. I have blogged before about the presumption of guilt in DUI cases in DUI Hypocrisy: Guilty Before Being Proven Innocent.
Lawmakers in Pennsylvania are examining various proposals to make DUI penalties even harsher
One of the hottest issues is the PA DUI Laws for repeat offenders. Currently, if a person is arrested for a second DUI offense while the legal proceedings for the first trial are still ongoing, the suspect is charged with another first DUI offense. This is in keeping with our Founding Father’s notion of the presumption of innocence. MADD and other lobbies are pushing Pennsylvania legislators to enact new laws allowing police to charge such a suspect with a second DUI offense even before the first case is concluded. You can read about this in the article: Tougher penalties pushed for repeat Pennsylvania drunk drivers
Other proposals include making repeat DUI offenses a felony which would significantly increase the penalties for a DUI as well as truly ,make a lifelong impact.
Theses types of proposals are based on emotions and sentiment rather than facts and science. If looked at critically, it is apparent that increased penalties are not an effective deterrent for criminal offenses, especially when dealing with crimes related to drug and alcohol abuse. Currently, under Pennsylvania DUI laws, a third DUI offense at the highest rate carries up to five years in prison and an 18 month license suspension if there is a conviction. These are very severe consequences and if someone is still committing DUI violations after that, then this is indication of an addiction or other problem that cannot be deterred by harsher penalties. Better treatment and rehabilitation options would be much more successful in stopping repeat offenders rather than harsher penalties.
Attorney McShane has unmatched credentials as an expert attorney in analytical chemistry matters. No attorney in the country can match the body of knowledge and study he has. He has been recognized numerous times for his outstanding knowledge about forensic science and once again will present a research paper at another prestigious scientific convention.
Attorney McShane uses his extensive knowledge of forensic science to fight PA DUI Cases.
From February 21-26, the American Academy of Forensic Sciences (AAFS) will hold its 63rd Annual Meeting in Chicago. Attorney McShane has been accepted to present a paper entitled Limitations of the Assay: Gastroesophagel Reflux in BrAC Measurements.
There is a lot of science involved in DUI cases and only an expert DUI attorney with extensive knowledge of the science and chemistry involved in these cases. Attorney McShane is a respected expert attorney who frequently lectures on scientific topics at advanced DUI seminars across the country. If you are charged with a DUI in PA, you should keep in mind that these are very serious charges and will result in severe criminal penalties if you are convicted. If you want to bring the best DUI attorney in PA, one who is recognized as a scientific expert to fight for you then call 1-866-MCSHANE.
PA DUI Attorney Hosts Webinar on Analytical Chemistry
Understanding analytical chemistry is a big part of challenging DUI blood tests. That is why I have invested time and effort into becoming an expert in DUI Science. I also believe in helping other lawyers to become better at DUI defense and that is why I recently hosted a Webinar entitled:
“The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines”.
PA DUI Attorney Justin McShane Presents a Webinar on DUI Science
Renowned retired professor of pharmacology and analytical chemistry Dr. Jimmie Valentine, PhD and I instructed at the day-long seminar. The webinar was attended by more than 50 DUI attorneys, experts and consultants from across the country and covered topics like:
- What is HS-GC-FID? Theory and instrumentation Introduction (Method of Sample Introduction, Injection Conditions, Column Selection, Oven Conditions, The Detector)
- Ethanol Pharmacokinetics/Pharmacodynamics – concepts of absorption, distribution, metabolism and excretion
- How to read a chromatogram and issue spot (Elucidation)
- Marijuana Pharmacokinetics/ Pharmacodynamics – concepts of absorption, distribution, metabolism and excretion
- Defenses that work in GC-FID cases
- Benzodiazepines Pharmacokinetics/Pharmacodynamics – concepts of absorption, distribution, metabolism and excretion
The feedback we have received from this webinar has been tremendous and there have been an overwhelming number of requests for more DUI webinars in the future. Thanks to all of those who attended and we hope to offer more DUI webinars in the future.
If you missed this webinar and wish to join us in the future, please contact us.
As a highly respected Pennsylvania DUI Lawyer, I recently presented at the 240th American Chemical Society National Meeting and Convention in Boston, MA. alongside experts like Dr. Alfred Staubus, PharmD, PhD. My presentation was a seminar entitled “The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers.”
In Enzymatic Assaying the activity of co-factors and enzymes present in the testing is measured and used to conclude the existence and levels of various substances, in this case alcohol. However, when examined through a forensic perspective, enzymatic assaying is not suitable because of the many factors that can cause erroneous results. I presented on this topic in at the ACS convention and it well was well received by the scientists and experts on hand.
The ACS is a scientific organization, not a legal one, but I was invited due to my work in the field of hospital blood testing and exposing its limitations. I attended the meetings as a way to gain more knowledge about the different testing methods scientists use. This is especially helpful because blood testing is a big part of DUI in Pennsylvania and this gives me the knowledge to be able to stop issues and to challenge inadequacies in these tests. I have done so much research on these testing methods that I am qualified enough to lecture about them in front of an audience made up, not only of legal peers, but of scientists and researchers.
This research and training is all part of The McShane Firm’s Commitment to Excellence in Pennsylvania DUI Defense. We will defend your DUI case with knowledge and expertise that no other DUI lawyer in PA has.
DUI involves a lot of science. From biology to physiology to chemistry to pharmacology, a diligent DUI attorney must have a firm grasp of the scientific aspects involved in a DUI case.
In an effort to provide the very best representation to my clients, I have spent countless hours studying scientific papers, attending seminars and even performing hands-on laboratory practicals. I have been lucky in that I have become recognized among my peers, meaning other lawyers, as being very well educated on the scientific aspects of defending a DUI case. However, this acknowledgment does not just stop with my peers. I have been recognized by other scientists as being very well-studied on the scientific aspects related to DUI prosecution. This recognition has resulted in an invitation to lecture about highly technical issues in analytical chemistry and in particular hospital blood at the upcoming American Chemical Society national meeting. There I will be presenting a lecture entitled "Enzymatic assaying: The indirect measurement that is non-specific to ethanol that is being misapplied from the clinical world into the forensic arena". It is a highly technical presentation that I have been selected to present in front of an audience of scientists.
Being selected to present this at the ACS national meeting is quite an honor in that it recognizes the hard work I have put into the field of analytic chemistry and the forensic sciences involved in DUI cases.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture "Defending DUI Drug Cases" in Hartford, CT in December 2009. In Part 9: "Conclusion," expert DUI Attorney McShane urges his audience to use truth and science in DUI defense instead of "smoke and mirrors." The McShane Firm is the premiere DUI/DWI law firm in Harrisburg, PA. For more information, visit TheMcShaneFirm.com.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture "Defending DUI Drug Cases" in Hartford, CT in December 2009. In Part 8: "Dealing with DRE Officers," expert DUI Attorney McShane explains various tactics for dealing with so-called Drug Recognition Expert (DRE) officers in DUI-D cases. The McShane Firm is the premiere DUI/DWI law firm in Harrisburg, PA. For more information, visit TheMcShaneFirm.com.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture "Defending DUI Drug Cases" in Hartford, CT in December 2009. In Part 7: "Educating The Jury," expert DUI Attorney McShane explains how to beat a state drug expert by demonstrating to jurors the difference between a valid and conclusve result and a real-world false conclusion in mass spectrometry in DUI-D cases. The McShane Firm is the premiere DUI/DWI law firm in Harrisburg, PA. For more information, visit TheMcShaneFirm.com.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
I have blogged a lot on Blood Testing for DUI and specifically Gas Chromatography for alcohol (ETOH) or drugs of abuse testing used in DUI prosecutions.
Some people ask:
Justin, your posts are so hyper-technical, why do you post such detailed stuff?
When you are facing a Pennsylvania DUI, possible consequences include jail time, probation, loss of your driving license and fines. For more information please take a look at our series: "Why Fight a DUI in Pennsylvania?". When facing consequences this serious, you need the very best Pennsylvania DUI attorney you can find. Not just a lawyer who handles DUI cases. You need a real DUI Expert. We posted before about how a normal folks can compare the qualifications of prospective lawyers and make an informed decision about who is the best to handle their DUI case. Please take a look at our series "How to Find a DUI Lawyer in PA".
The purpose of the many posts I have done on DUI Blood Testing is to show the highly technical nature of this testing and how only a true expert who has a strong background in Analytical chemistry can challenge these results successfully.
So with that in place, I offer the following review of some of the posts that I have made on Pennsylvania Blood testing for DUI….
- Why forensic science testing for DUI BAC determination is the silly sister of analytical science: Good Laboratory Practice
- WellSpan is to be commended, but why people who have been convicted for decades of a DUI should be upset
- A large problem in Gas Chromatography: No uniform standard for GC run position or composition
- Crimping a Headspace Vial in Gas Chromatography: How not putting the "lid on the jar" can lead to disaster in a DUI case
- Why is Due Process of Law different than the Due Process of Science: Blood Alcohol Content is only an Estimate
- Harrisburg DUI Lawyer comments on Inaccurate Blood Alcohol Content and Bad BAC Results
- Gas Chromatography and why is it is so important to Pennsylvania DUI arrests
- On the origin of Species-Why do we use Gray Tubes for Forensic Blood Analysis for BAC
- Harrisburg DUI Lawyer comments on Inaccurate Blood Alcohol Content and Bad BAC Results
- Underage Drinking and DUI in Pennsylvania: LOD and LOQ Defense
- Highest reported BAC .708: I call Shenanigans
- Why is Due Process of Law different than the Due Process of Science: Blood Alcohol Content is only an Estimate
- What Pac-Man and Inflated and Incorrect Blood Alcohol Content results have in common
- When is a straight line a curve: Calibration curve
- Metrology in DUI prosecution
- Why saying the sample was run on a gas chromatograph is nearly meaningless
- Putting Innocent People in Jail
- A wakeup call: Independence in Crime Labs is not enough
- The Carry-over Effect: Lack of Blanks between tests leads to false positive or inflated BAC results
- If he was an analytical chemist or a DUI defense attorney he would say "Show me the separation!!"
- The variables of the Gas Chromatography process
- In analytical chemistry for ETOH and Drugs of Abuse determination, it is very true that the matrix is all around us but truly is ignored
- Personal bias is bad, but analytical bias spells disaster in DUI BAC and Drugs of Abuse testing
- Carryover effect part Deux: Autodilution may be part of the problem for false blood results in DUI
- Internal standard the likely culprit for inaccurate BAC results
- Carryover effect part 3: Flushing of inert gas is not enough to prove there is no carryover
- How do they make the squiggly lines turn into a magic number: Area under the peak
- When tall and skinny is always beautiful? Fundamental principles of gas chromatography
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture "Defending DUI Drug Cases" in Hartford, CT in December 2009. In Part 6: "Solid Dose Drug Testing," expert DUI Attorney McShane focuses on solid does drug testing, and explains why gas chromatography is the most accurate drug identification system, but oly if preformed properly. The McShane Firm is the premiere DUI/DWI law firm in Harrisburg, PA. For more information, visit TheMcShaneFirm.com.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
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