Yes, you can. But, drugs are normally measured in nanograms per milliliter of blood, which nobody really understands, especially jurors. But say they find 5 nanograms per milliliters of blood – prosecutors can’t argue that amount means. Specialists who analyze that data will say, “those numbers don’t really have meaning because the drugs affect everybody […]
Archives for February 2017
Marijuana: is there anything equivalent to a blood alcohol level for marijuana?
No, there is not. They try to pass one every year, and we lobby against it because there is no scientific basis behind any drug saying that some certain level in your blood renders you incapable of safely operating a motor vehicle. Colorado does have a law about certain amounts of THC in a person’s […]
If I had one beer over the last hour, and then got caught, is that possibly a violation?
Probably not. If you were 90 pounds, and you had two beers over two hours, you’d be a 0.04, and that’s just an estimate because everybody’s different, and it doesn’t convert predictably. For example, if you weigh 170, the estimate is you have to have at least 5-½ beers over 2 hours to be at […]
What is considered an illegal blood alcohol level for DWI?
In New Mexico, if you are over 21, it is 0.08 or above, but your actual level of intoxication depends on a lot of things: The number of drinks, the person’s weight, and the number of hours that have passed while the person was consuming alcohol. I have a little breath alcohol calculator that I […]
Challenging the reliability of the particular Blood Intoxilyzer 8000 machine
A judge should order that all of the documentations on that machine be turned over if you file all of the correct documentation. I have had several cases where the machine was not calibrated correctly, or something was not done with that machine that should have been, and the breath results turned out that way, […]