Cortland Lawyer When Do the Police Want Your Blood on a DWI/DWAI STOP?

Who wants Your Blood?
 fm auroraginjoint.com

"I want to suck your blood"

                                                                                                          Dracula

With the approach of Halloween and the delightful fall weather I am reminded that costumes, parties, and drinking (drugging) will soon be in full force in Upstate New York.

WHY October 31?

Don't ask me why but something about dressing up and acting goofy brings out the excess in some people. I would imagine hiding behind a mask plus the lowering of inhibitions with a drug allows some to get loose. I see a great many Halloween party DWI/DWAIs every year. One year the police could not tell the fake blood from the real blood in one DWI accident.

Before you think I condone drinking and/or drugged driving think again, I do not but I do defend and protect people and most importantly their Constitutional rights. To be treated fairly and justly does not end at a roadside arrest (sometimes it does not begin there either).

So my big question for today:

When do the police (law enforcement) decide to take (request/demand) your blood?

I believe that blood is usually requested (instead of breath) in one of three scenarios:

As an aside the Police in New York State get to choose the test or tests of your: blood, breath, and/or urine.

0.00 BAC = No Alcohol

1. If you take a roadside Alcosensor breath test and register a 0.00 BAC (blood alcohol concentration). The police are likely going to continue their investigation into the cause of your problem driving by probing further to your blood contents for other drugs or substances.

Marijuana (drugs) in Your Car 

2. If they smell pot, or find a marijuana joint/blunt in your ash tray. Bingo, they are going to want your blood instead of breath even if you register a BAC showing alcohol. Now they have a drug combo to charge you with, perhaps both DWI alcohol, and DWAI drugs.

Low BAC (.02 to .05) 

and 

Erratic Driving or Behavior Not Equal to the BAC

3. What if your BAC does not = your actions, your conduct, and your messed up driving? What if you fail all the Field Sobriety Tests but have a super low BAC? BTW these were designed to show a 0.10 BAC level. Then the police are going to be looking for other drugs (most commonly pot).

When the police make a blood request you still have to consent unless they go get a search warrant. You can refuse their request and face the New York State driver's license penalties. Sometimes there is no clear cut answer what is the best thing to do, often you don't have an opportunity to discuss your situation with an attorney before making this big decision.

If you have questions about your DWI/DWAI charges within the Finger Lakes region you can either call me or send me an email.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 400 blog posts, dozens of articles, and over 330 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607.229.5184

5 Nano grams is the new .08 BAC: Marijuana and Driving While High

Ithaca Pot Lovers, Meet The Pot Map, Remember Pot is Still Illegal Federally, from rolling stone.com

Many regular marijuana users have recently applauded states like Washington and Colorado on being progressive in passing liberal pot legislation. Yay! people can now smoke people legally (at least under state law) and /or get a medical certification to smoke for health reasons.

As they say, the other shoe has now fallen, now these same pot loving states have enacted the first marijuana while driving laws. These laws have a specific (per se) amount of the drug that charges DWI/DUI for THC. Pot is the number two most used drug while driving so this was a natural progression of sorts.

5 Nano grams of THC is the new .08 BAC, Is it a lot or a little?

THC reaches high levels (100s of nano grams) in majority of users within one hour of ingestion. The THC in the blood will level off to 2-3 nano grams after another two or three hours passes. But if we have chronic substance users tested, their blood levels are chronically high. Are these chronic users affected the same as novice users? Are they too impaired to drive at these blood levels? Blood testing for specific quantities of THC and then judging impairment based strictly upon a number is fraught with issues. Alcohol and pot are just not the same.

CNN Road Tests Chronic Pot Users vs. Novice Users vs. Baked Users

In February 2013 CNN did a "Smoke and Drive" Road Test (closed course) study with a medical marijuana patient, a chronic user, and a novice user. All three performed well on the road tests, as in safely. Watch the video here to judge the results for yourself:

http://www.youtube.com/watch?feature=player_embedded&v=dw1HavgoK9E

It was not until they got completely "baked"(their term) that road performance became dangerous. The main point being that the marijuana users could distinguish when they should not drive versus alcohol drinkers whose confidence increases with each drink. Alcohol tends to inflate one's sense of confidence and abilities. Being honest with yourself (when high) and conscious of what you can and can not or should not do is a good thing.

New York State Does Not Have a Specific Amount of THC (or any other drug)

NYS still does not have any quantified drug for DWI except .08 BAC for alcohol. Our DWAI (driving while ability impaired) Drugs is any degree of impairment, so having any amount in your blood, of any named drugs (there are 100s), and a demonstration of impairment is enough proof to convict.

Challenging these cases will rely upon the experts in toxicology, pharmacology, and pharmacokinetics. There is little to no agreement scientifically that any specific amount of a drug can determine a degree or level of impairment.

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY 14850
http://www.ithacadwi.com

607-229-5184