Oral Fluid Drug Test for DUID cases: Frye and Daubert hearings The future is Oral Fluid Drug Test. The writing is on the wall. Through increased federal funding and a re-prioritization of law enforcement, Driving Under the Influence of Drugs (DUID) is an emerging enforcement priority by police across America. The difficulty has been in…
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Another Day, Another Breath Testing Scandal in Pennsylvania
Recently, the elected District Attorney for Carbon County did the ethically correct thing (more or less). It appears as if the National Patent Analytical Systems DataMaster DMT units that were positioned in the Lehighton Barracks between October 25, 2011 and June 22, 2012 were not maintained appropriately. This type of event further highlights the…
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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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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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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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Breaking News: Pennsylvania State Police to Halt Breath Testing
In the aftermath of the ruling in Commonwealth v. Schildt, Pennsylvania State Police has decided to halt all DUI breath testing in Pennsylvania. Dauphin County Court of Common Pleas Judge Lawrence F. Clark Jr. in his ruling in Schildt pointed out two major areas of concern in regards to DUI breath testings: 1. Breath testing…
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Breaking important news: Warrantless Blood Draws in DUI Case
The US Supreme Court has taken up the case of Missouri v. McNeely, No. 11-1425. A Missouri Highway Patrol officer stopped McNeely for speeding. McNeely appeared to be intoxicated and refused the breathalyzer test. The officer took him to a hospital for a blood test without consent or a warrant. The Missouri Supreme Court held…
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More About Faulty Breath Machines
Breath machines are faulty to the point where I no longer understand why they are even used for DUI evidence. Professional DUI attorneys know this and the general population is also starting to understand how bad this technology is. The super- duper Intoxilyzer 5000, which is used in Pennsylvania as well as in many states…
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Attorneys McShane and Auriemma Win Appeal of DUI Case
Recently Attorneys McShane and Auriemma won an appeal of a DUI case before The Superior Court of Pennsylvania in the case of Commonwealth vs. Karns. It was a published opinion which makes it binding precedent in the Commonwealth of Pennsylvania. Details of the Case Officer Patterson of the Bedford Borough Police Department received a report…
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Another DUI Breath Testing Scandal, This Time Vermont
As one of the leading DUI attorneys in Pennsylvania, I make it a point to vigorously challenge DUI breath testing evidence because of the number of false readings these machines produce. The technology is bad and the police rarely keep the machines in proper working order. Unsurprisingly, another breath testing scandal has called more DUI…
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