Blog - Blood Testing

The NCDD Blog is for our members to comment on matters of general interest in the field of DUI Defense and to ask general questions concerning the topics posted.   NCDD does not monitor or control answers from the various lawyers (many of whom are regarded as among the best in the country) who may respond and the answers or comments they provide are solely their own.  Responses to questions and comments are not legal advice: they are only the opinions of the lawyer providing the answer or making the comment. No attorney client relationship is formed between the person who posts a question or comment and any attorney who posts an answer or comment. The NCDD Blog is not for the purpose of soliciting legal advice for any specific case and should not be relied upon for that purpose. No lawyer can provide advice for a specific case without far more information than can be included in a blog post.   Furthermore, the NCDD Blog is not to be used in any form, for any marketing, advertising or solicitation by any author.  If you need legal assistance or advice, consult a lawyer in your state. You can find NCDD member lawyers in your State listed under “Find an Attorney” in the menu to the left or at the top of the page. No opinion expressed by an attorney or other person on the NCDD Blog represents the opinion or views of the NCDD.



What It Means to Be Board Certified

Board Certification as a DUI Defense Specialist through the National College of DUI Defense is the most meaningful and significant professional development in my DUI Defense Practice.  I am one of only two (2) lawyers practicing in New Hampshire with the designation and one of only (3) three practicing in Massachusetts with the designation. Prospective clients, colleagues and friends ask me, “what does the Board Certification mean?”  I tell them that following a rigorous ...read more

How the NCDD Board Certification Exam Became ABA Approved. By Steve Oberman.

Our Board Certification Committee is often asked how the NCDD Board Certification Program came to be approved by the American Bar Association (ABA). In response to this query, allow me to provide a historical perspective.

 

In the mid-1990s, the NCDD made a historical commitment to create a Certification Program and focus on the promotion of Board Certification for DUI Defense across the nation. This need was necessitated by the concern for those accused of DUI who were (and ...read more

3 Tips For Preparing To Take The Board Certification Exam

If you are considering taking the Board Certification examination, congratulations! You are taking a huge step forward in the quality of representation that you provide to your clients. You are making a huge investment in what type of lawyer you want to be. That is a great thing. So, I want to provide you with 3 simple tips that I believe will benefit you greatly in preparing for the exam. 

 

  1. It is never to early to begin compiling your application materials. Gathering ...read more

Updates from the National Forensic Science Commission

The National Forensic Science Commission has fully reported on its last two meetings. Of concern, currently there are no practicing private criminal defense attorneys on the Commission.  As of meeting ten, the Commission has come up with 14 recommendations to the United States Attorney General. Here are some highlights.

Meeting ten occurred on June 20-21, 2016 in Washington, D.C. The Commission reported that it is their view ...read more

Update from the NCDD Forensics Committee

There have been 9 committee meetings by the NCFS (National Commission on Forensic Science) created by the Obama administration. The commission is comprised of scientists, judges, prosecutors and defense lawyers.  Here are the highlights from each meeting:

 

Meeting 1: Update from the NIST committees, the objective focus has been on strengthening forensic science in the United States.

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Board Certification for You

In 2001 when I applied for Board Certification, the designation was in its infancy. I have since been recertified twice. Preparation, then and now, really consists of being a solid DUI defense lawyer and brushing up on some statistics. You cannot, and should not, cram for this exam. There’s a lot of talk about how difficult the exam is, but if you know your stuff because you’re immersed in it every day, all you really need to do is refresh your memory on some of the finer points on ...read more

How NCDD's Board Certification Program Became ABA Approved

Our Certification Committee is often asked how the NCDD Board Certification Program came to be approved by the American Bar Association (ABA). In response to this query, allow me to provide a historical perspective.

 

In the mid-1990s, the NCDD made a historical commitment to create a Certification Program and focus on the promotion of Board Certification for DUI Defense across the nation. This need was necessitated by the concern for those accused of DUI who were (and continue) ...read more

Yes, You Should Take NCDD's Board Certification Exam

Is it demanding?  Yes.  Is it challenging?  For sure.  Will it make you a better lawyer?  Hell yes.  And that reason alone is why you should take NCDD’s Board Certification Exam. I practice in Washington State, where specialties and Board Certifications are not recognized by my State Bar Association.  I had the same thoughts that many good DUI lawyers have – why should I take it?  What is the benefit?  Since my state doesn’t recognize ...read more

Why You Should Take NCDD's Board Certification Exam

Why Take the Board Certification?

 

For many years, I was of the opinion that I didn’t need to take the Board Certification test. Oklahoma didn’t recognize certification. I have never been asked by a potential client about it. I was competing for and signing up cases without it. I took the bar exam and wasn’t taken any more exams. I had lots of reasons why I didn’t need it.

Truth was that I wasn’t up for the challenge. Was I really good enough ...read more

How to Tackle NCDD's Board Certification Exam

You may have heard how difficult the DUI Board Certification test is. Unfortunately, there are many among us who allow themselves to be discouraged from taking the test because they have allowed themselves to believe it is too difficult.

 

The truth however, in my experience is a little different. Taking the test begins with the application process. This part of the task can seem to be the most difficult as you or your assistant must dredge up old files to find dispositions ...read more

The Great Dichotomy of Birchfield v. North Dakota

There are various aspects to the United States Supreme Court’s recent holding in Birchfield v. North Dakota (2016) ___ U.S. ___ (Docket No. 14-1468) that trial and appellate courts will have to address in future cases. A couple of them derive from the following two paragraphs in the opinion:

“It is true that a blood test, unlike a breath test, may be administered to a person who is unconscious (perhaps as a result of a crash) or who is unable to do what is needed to take a breath ...read more

Blood Testing- Fermentation


http://duinewsblog.org/2013/05/22/blood-testing-fermentation/


On the topic of blood testing:
 Blood Test practice tip:
“1-propanol, acetaldehyde, acetone, 2-propanol,
isobutanol… have been considered as biochemical markers.. to be flagged as
suspicious for microbial contamination.” Forensic Science Intl 174(2008)
133-151  Have seen many client chromatograms with these compounds……  Blood
testing needs to be regulated. In Texas there are NO regulations for blood
testing. ...read more

Orange County Crime Lab Blood Error Effects More DUI Defendants Than Government Acknowledges


http://www.duilawyerorangecounty.com/blog/tag/oc-crime-lab-blood-test-over-reporting


The District Attorney of Orange County California and the Orange County Crime Lab have acknowledged that errors were made in the calibration of their blood testing equipment in DUI cases which effected the final analysis of forensic blood tests.  Their public comments however minimize the scope of the problem by suggesting that the only citizens effected by their forensic flaws were those with marginal blood alchol levels in the 0.08% range and then boldly profess that ...read more

DWI/DUI Marijuana


http://duinewsblog.org/2013/03/13/dwidui-marijuana/



This news article demonstrates the fervor of law enforcement to get a DWI/DUI even when there is no evidence. A person may show from a toxicology screen that they may have THC in their system with no evidence of impairment at the time of driving (some of these tests may show positive if the person smoked in the last 6 weeks).  Scary stuff.

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http://youtu.be/JlBJGG4cLG8

The Downfall of the State of Colorado's DUI Blood Testing Laboratory

There were signs that the Colorado Department of Health’s Laboratory Services Division had problems long before the bottom fell out in June. Many persistent Colorado DUI attorneys challenged the former supervisor of the state’s toxicology laboratory over a long period of time. (Chet Hardin, read more