DUI Defense Tactics - How Criminal Lawyers Defend DUI Blood Test Charges

[@micclay]

I got a dui over 20 years ago. This was before body cams, but there was a dash cam. I elected to do the field sobriety test. I remember thinking, I'm doing good, he's gonna have to let me go. Of course, he didn't. When my lawyer asked for the dash cam, he was told it "malfunctioned".

[@LuisSolorio-z3u]

Can you please do a Video on how to Prepare for a DMV HEARING after getting a DUI?? I am a truck driver with my Class A , and they did a Blood test because I refused to blow and they got a warrant to get a blood sample !!! Please do a Video on how to Prepare for a DMV hearing in a case like mine

[@Savagerue]

How was the outcome of your dui case with a having a cdl

[@kj7792]

Yes same here😢 please help on fighting a warrant to get sample

[@eljunior-mm3tu]

Yo what happen ?

[@eljunior-mm3tu]

@@kj7792what happen bro same thing happen to me

[@Inspiriments888]

Great insights Sir! Thank you, this is literal GOLD information. GOD BLESS THIS MAN!

[@GustitisLaw]

Thank you for your kind words.

[@WilliamS-ns1mh]

Thank u for your videos they helped me win my case 👍

[@GustitisLaw]

Wow. That is wonderful news!

[@jackstevens5119]

This is interesting. I have been drawing blood for 34 years (including 3 years as a professional phlebotomist). I have never seen anyone wait a whole 30 seconds between prep and puncture. I don't. Use of betadine for venipuncture is rare. Our lab uses alcohol pads or chloraprep. Nobody uses sterile gloves. Everybody touches the site after the prep in order to reacquire the location of the vein. Our etoh tubes do not have NaF. All our policies meet standards, but nobody here ever thinks about legal matters that could end up being very important.

[@GustitisLaw]

Your point is well taken, Jack. Unless a blood draw involved legal consequences, rarely would it be dissected the way I proposed in the video. Another way to look at the issue is from a "clinical' vs "forensic" point of view. Clinical testing is usually completed very close in time to the blood draw. Forensic testing is not, therefore the danger of contamination becomes a more of a problem. The next time you're at the lab, take a look at gray-topped tubes. Those are the ones with NaF preservative. Thanks very much for your comment and observation!

[@TimothyMcVay]

Do you test for fentanyl in dui blood tests

[@Whatsthe_dill]

They took my blood for a perscribed medication but the tubes were not filled to the legal 9.1 ml amount and to 7.7 ml

[@datsthat]

My 2nd cannabis DUI as a medical marijuana patient which was prescribed by my doctor and I am on State's medical marijuana database. Medical is allowed to purchase up to 3x as much as the recreational limits per day. My blood will be over 5ng limit regardless if I don't consume for days if not week(s). Am I SOL? Does this video covers all compounds in blood test or only alcohol? Thank you

[@GustitisLaw]

All this depends upon your state laws and the prosecutor's office policies. Consider hiring a defense attorney to help you navigate this process.

[@kj7792]

Bro😮 weed is legal but still considered a drug you are not allowed to drive under

[@StefanNistor-v5w]

Accident I was taking to hospital they medicated me for my injuries than police officer asked me to sign something and arrest me shortly after in hospital. I do have a lower but he says we need to take a plea for dui it’s not that I doubt him but maybe there is something that can be used to dismiss blood evidence before I sign a deal. I don’t have any prior convictions.

[@CRQuinn-tx2gd]

I live in Ocala Florida. My wife was just picked up today for a DWI. Was news to us! This stemmed from an accident she had on October 18th. She was driving home went off the road and hit a tree. No one else was in the car. She came to in the hospital. She was never informed she was under investigation for DWI, nor was she notified that they were subpoenaing her blood work. Just found this all out today when the cop came to take her to jail. Posted Bond, been waiting about 12 hours now for them to get her through booking so I can pick her up. Do not have the money to fight this, but I can't afford not to. What do we do?

[@GustitisLaw]

If you cannot afford an attorney, the court will appoint one to represent your wife. Make sure she remains silent about the events of that night. She should ONLY speak to her lawyer. There may be several angles toward challenging these charges. But her best chance will be with a DWI expert attorney. Good luck and thank you for watching.

[@CRQuinn-tx2gd]

@@GustitisLaw thank you for posting.

[@truthseeker1225]

They did the same to me as well! Didn’t give proper notice of seeking my medical records… I’m here in Ocala also and believe it would greatly benefit us both to speak…I’m seeing a very unethical pattern here…if interested, let me know. Stronger together and we’re going to both need it to fight this corruption💪🏼

[@truthseeker1225]

@@CRQuinn-tx2gd read my message? Very important!

[@jagathjayaweera8953]

you are great unfortunatly i did not have someone like you i new i did not have bac over the limit

[@GustitisLaw]

I appreciate your kind words. I’m sorry your case did not turn out as well as you would have liked.

[@justinshultz9245]

@@GustitisLaw got charged dui controlled substance. I had a bad infection and was all out of sorts.... No drugs no alcohol ever. What should I do?

[@burtreynolds3896]

Hey out of curiosity I'm in a DUI case and they didn't draw my blood inside the hospital to help me down on the sidewalk in front of the hospital to draw my blood isn't this a violation of my rights I also have photos of my arm the next day being bruised all the hell

[@GustitisLaw]

I'm not sure what the statutory rules are in your state for a DWI blood draw. I'd talk to your defense attorney about these facts. They will know the procedures and can explain your situation. Nevertheless, I appreciate your visit to my Channel.

[@WilliamS-ns1mh]

What happens when you go to ask to get the test independently done and the blood test sample has expired

[@GustitisLaw]

I have no idea since I have not independently investigated the facts for myself

[@ifit-inwithtally5372]

Is ut kegal to perform chemical testing at the station?

[@GustitisLaw]

Sure it is. The real question is whether the results are admissible in a courtroom.

[@TeeDee-j9u]

Is lawful for a jail or hospital to draw blood even when they have a bogus warrant to draw my blood when i refused and they coerced me by they were going to hold the me down if i didn't.

[@sherrydemaria9269]

Does this also work with drug test I went to go renew my license and found out I had a DUI that I was not charged for till almost 2 years after the accident took place. I’ve gotten a lawyer here and I’m trying to fight it but I’m looking up all the stuff and, the cop never even came to the hospital but five seconds and then left I didn’t get arrested. Didn’t get no DY didn’t get no tickets nothing

[@sherrydemaria9269]

By the way, the drug that I was on at the time I was being prescribed under doctors care and have proof of all those medical records

[@kj7792]

Wow😮 call the DMV and fight that. They are different entity then courts

[@ChadPlzak]

Hey same thing happened to me got arrested for drug DUI then never got a ticket..did they ever charge you?

[@kingjorge12710]

Very useful information!! I was recently stoped and charged for DWI almost perfectly passed sobriety test due to giggles because cop was attempting to make me loose concentration also flashed light on my face right before doing the line. I refused breathalyzer and immediately handcuffed . Once I arrived within 20 minutes they got a warrant to withdraw blood and the man who look like a correction officer withdrew my blood possibly contaminating everything like was described on this video. My only question is if I can ask anybody including court appointed lawyer if I’m able to receive a copy of officers report and blood level?

[@GustitisLaw]

Your lawyer will receive this information to help you develop a defense. Good luck!!

[@kj7792]

How to fight a warrant to get my blood. Dmv automatically suspended my license cause i refused. Then they took it anyway.

[@relajad0]

what if they don't have a blood test or breath test?

[@carlitos19cali]

I got a blood draw the nurse used a alcohol wipes and right after drew my blood and never used the black bottle on my skin even though he had it there and took my sample and left the black bottle next to me I was thinking to my self why didn’t he use that and he had it with him. I was tired drowsy that’s why they pulled me over. The police was being mean so I didn’t allow him to the the breath test the first nurses was going to draw my blood but she said somthing rude to me and they used a different nurse. So that’s why probably they didn’t us the black bottle on my hand to clean it before drawing my blood

[@coolsheatingacservices7375]

Are you here in North Carolina and if not can you please refer to a good lawyer here in Charlotte NC . Thanks

[@GustitisLaw]

I'm in Texas. Unfortunately, I don't know any lawyers in NC. Try Google.

[@vanessafisher-bella6431]

I got agg dui alcohol related cops found drugsin car but tox report only shows bac in discovery can they take another test for drugs

[@GustitisLaw]

If the police obtained a blood sample from you, they can test the sample for anything they want. Through the discovery process, you will get the results of these tests. Your attorney can help you understand how to use these results as you develop a defense. Thanks for your question.

[@vanessafisher-bella6431]

@@GustitisLaw already got discovery it was negative for alcohol so can they retest blood for drugs since they found drugs during inventory search after blood was takin

[@GustitisLaw]

@@vanessafisher-bella6431Yes, they can.

[@GFace369]

thank you so help full

[@GustitisLaw]

You are very welcome.

[@joshuajackson7964]

The key witness for my dui is an off duty officer. I went to my preliminary hearing and the day before, he called the DA office notifying them he had a family emergency. The courts granted a continuance. They scheduled it for 2 weeks. Are you familiar with this, and what are something I should look or ask?

[@GustitisLaw]

I don't see the rescheduling as anything sinister or under-handed. Are you considering questioning the officer yourself during the pre-lim? Do you have an attorney?

[@kellievans2957]

Please give me any opinion you have regarding my previous issue. Much appreciated for any help you can give or a little insight

[@GustitisLaw]

of course. please see my prior response. Good luck!

[@issui2]

Best info yet court tomorrow ... I’ll let you know lol

[@GustitisLaw]

Thanks!

[@russpeaknuckel9525]

What happened in court ?

[@quittadescendantofjudah]

What happened in court?

[@TysonP12]

In Ontario..my case hortible. Not alcohol but drug driving. Please reply ..thank you

[@GustitisLaw]

I'm sorry you are in this trouble. Have you hired a defense attorney to help you? That is always my recommendation in these situations. Since I'm not familiar with Canadian law or the facts of your case, it's really impossible for me to express an opinion about it. I'm sorry I could not be more helpful.

[@whoknows2028]

While traveling to Ohio from michigan as a medical marijuana patient in michigan i notified the officer that i was a patient and i had consumed a light amount of my meds 6 hours before hand before leaving michigan. They then asked for a Urine test otherwise they would slap an automatic 1 year license suspension. So not knowing any better i agreed to giving them a urine sample….Now when i seen the prosecutor he tells me that we are waiting for the results and that if i smoked any time during the week my urine will most likely go over the amount of THC allowed in my system. What makes no sense to me is how can they give me an ovi for results of a urine test which do not accurately represent Intoxication during the time of one’s driving but rather during a 1 month time period. ? Also is there any way for ones lawyer to get their client a Trial by Jury? As i know if this case went to jury it would be dropped. P.s - its funny because this very same court in january 2021 dismissed a “possession of drugs - marijuana” charge based off the fact that i did have a medical marijuana card from michigan and was protected by Medical Marijuana Reciprocity laws of states that have the medical marijuana program like ohio and michigan. I guess my prosecutor then was pro marijuana and honrored the program whereas this new one does not at all.

[@GustitisLaw]

Trials by jury are by request. You may need to hire a forensic toxicologist to review the testing records and to express an opinion about whether the results indicate intoxication, or not,

[@commonsense8800]

I got a dui by chp I passed the field sobriety and the cop smelling alcohol that spilled from New Years 5 day prior said he still wanted to give me the breath test I refused so at the chp office he gave me another chance to blow or do the breath test I took the blood test....... I’m am a licensed phlebotomist and I did notice things she did wrong and brought it up to her she smiled and I gave her a few pointers , it seems I had more knowledge of terms and procedures in that field...... I don’t have money to hire a lawyer and know that the public defenders do not realy try and defend but rather push guilty pleads even when you have a strong case...... any advise

[@GustitisLaw]

You need a strong lawyer who will fight for you. Whether you hire one, or whether they are court-appointed, you need a good one. Public defenders are not all bad, they are simply overworked. Most are well trained.

[@melissaedinger555]

@@GustitisLaw I got a dui at the state police station when getting finger printed for a prior dui did 4 field test and I fill I passed I was not drinking that day so he had a Sargent do 4 different field test and I was in the station never got pulled over they sent me to get blood work it came back at .08 legal limit in pa can u get a dui with no traffic stop

[@melissaedinger555]

Please email me with your thoughts [e-mail]

[@justinshultz9245]

I got dui controlled substance charge. Passed breathalyzer failed field sobriety test and was arrested. Blood drawn, in Spent the night in jail . No wreck but all the police knew was I didn't even know my name or where I was. No drugs or alcohol ever. I don't even have prescriptions at home

[@GustitisLaw]

The cops probably sent your blood sample to forensic lab for drug testing.

[@justinshultz9245]

@@GustitisLaw they did. I spent a week in the hospital due to an infection. I almost died. I shouldn't of been driving

[@GustitisLaw]

@@justinshultz9245 Do you have a defense attorney?

[@justinshultz9245]

@@GustitisLaw yes sir. Apparently I had diverticulitis which I didn't know I had which caused a bad infection because I didn't go seek treatment

[@GustitisLaw]

@@justinshultz9245 Work with your attorney to help them investigate the facts. That way you'll have the best defense possible.

[@tommymerritt4267]

am i Obligated to give Blood on a DWI

[@kj7792]

DMV is a separate entity 😢 when you signed your lisence it states automatic suspension if you refuse blood test

[@mattavaldez75]

I had 2- 12 oz bud lights, and 1-12oz bush light. Over the course of an about an HR. From the last drink I had to when they drew blood was about an HR. I weigh 170 lbs. Do you see this being over .05? Still waiting my first court date.

[@GustitisLaw]

Quite possibly. Each drink is about .02. Maximum absorption is between 30-60 minutes. But don’t forget, I am not a toxicologist. There are other factors which affect absorption like what food was in your stomach and the operation of your pyloric valve in your small intestine. Also in play is the confidence interval of the blood testing process and the integrity of the blood draw itself. Your defense attorney should consult with you about these important issues, as well. Thanks for question and for watching.

[@johnnyangel57]

Matt Valdez So what happend what was the result for 3 beers?

[@kellievans2957]

I was pulled over for DWI and child passenger under 15. I was under no influence. I agreed to a blood draw. State of Texas sent a letter to me saying they rescinded my suspension because of a passed blood test. Will the charge be dismissed since the test was passed

[@GustitisLaw]

Probably, Kelli. But it also depends upon the other evidence in the case. Blood test results are only ONE way the State can prosecute you for DWI in Texas. There are two other legal theories. One is loss of normal mental faculties, and the other is loss of normal physical faculties. The State would usually need a great video to show how poorly you did on sobriety tests, etc. Also, even though you "passed" the blood test for alcohol, the State could prosecute for DWI drugs, again, depending upon the other evidence and whether your blood was positive for drugs.

[@kellievans2957]

@@GustitisLaw I had no drugs or alcohol in my test results

[@GustitisLaw]

@@kellievans2957 You should be ok. However, I cannot tell you for sure since I have not completely investigated all the facts and law. Please consult with a qualified attorney for the most precise advise. Thanks!

[@centobyte]

Thank you

[@GustitisLaw]

You're welcome

[@jagathjayaweera8953]

i want to know if i can reopen my case please let me know thanks

[@GustitisLaw]

Since I know nothing about your case, it’s impossible for me to answer your question.

[@josephlewis7166]

I was hit by a car on my motorcycle and the blood the doctor took for medical reasons, can the police get a warrent 5 weeks later and use that blood the medjcal doctor needed for medical treatment or do the police have to get a warrent prior to taken my blood?

[@GustitisLaw]

What was in your blood? The police can subpoena the hospital blood records. However, the testing method used at the hospital is less reliable than forensic testing done at the crime lab.

[@josephlewis7166]

@@GustitisLawnothing more than my methadone i take at a legal program ive been on that for years

[@GustitisLaw]

@@josephlewis7166 Unless your state has "use laws" you probably have nothing to fear. However, that fact might be enough to get a search warrant for your home. In any case, REMAIN SILENT about make sure there is NOTHING illegal in your home, car, work shed, etc.

[@josephlewis7166]

@@GustitisLaw thnx

[@GustitisLaw]

@@josephlewis7166 You're welcome.

[@williamgoss9646]

Got any appropriate lawyers for this in ga

[@GustitisLaw]

Regretfully, I don't know any lawyers in Georgia. I appreciate your question, nevertheless.

[@ronsmith7739]

Implied consent must be outlawed on the 5th Amendment.

[@jpjagath01]

I want construction please

[@GustitisLaw]

I don't understand what you mean.

[@TysonP12]

Really need to more about cocaine/ prescribed medication

[@GustitisLaw]

Can you please explain what you are looking for? Many strategies cross over into other types of cases.

[@TimothyMcVay]

Do they test for fentanyl in DUI -drugs blood tests ?

[@GustitisLaw]

If the police or prosecutor ask them, then yes. If no one asks, then probably not.

[@mr.mcmich8723]

Please if you know how I can help myself in this case tell me,I can’t afford 7500 and it seems my public defender didn’t bring up any info on winning my case,he’s done more scaring me into taking the plea,but all my free consultations the lawyer said I’d have a 30% chance of winning but if I loose i can go to prison,also I got in trouble about 15 years ago for for prescription drugs and got 3 felonies but I have changed and started a family, unfortunately my wife’s sickness split up our family but I haven’t been in any trouble at all,and I’m told the court doesn’t care they only see three felonies,it doesn’t matter when or how good I’ve been since,I feel like I’m being tried unfairly and there is no justice,there is no way I was drunk and I wasn’t on drugs and my vape doesn’t get you night there is barely any nicotine at that,o can’t defend myself,or can I? I want my daughter back home and to not loose my driver’s license,I live way out in the sticks,I can’t even meet dcs’s wants and me getting this dropped is my only hope to be honest with you sir,anything you have to help me?im great full.

[@GustitisLaw]

I don’t know since I have not reviewed all the law and evidence applicable to the case. Your defense lawyer will have access to this information and can, therefore, give you informed advice about how to develop defenses.

[@russpeaknuckel9525]

I think 99 percent of people are screwed.

[@GustitisLaw]

Thanks for commenting on this thread.

[@CosmicStargoat]

BetAdine.

[@GustitisLaw]

Thanks for commenting and clearing-up any confusion.

[@ChadPlzak]

Haha such b.s dude makes it sound so hopefull to get out of dui..if u use drugs drive yur getting charged