Preliminary Sections

• Author: Don Bartell/Mary Catherine McMurray/Anne ImObersteg
• Pages: 1-36

HIGHLIGHTS

This edition of Attacking and Defendant Drunk Driving adds:

NEW CHAPTER 21 MARIJUANA DUIS: ATTACKING THE PROSECUTION’S CASE

A seminal work, this chapter covers the topic in unprecedented detail discussing:

• The pharmacological principle that blood levels of marijuana do not predict impairment.

• The pharmacokinetics and pharmacodynamics of marijuana.

• The neutralizing effects of CBD on THC.

• THC analysis by Liquid Chromatography/MS/MS.

• Marijuana DRE evaluations.

The chapter concludes with a sample cross examination of a state expert and a helpful slide on how to chal-

lenge blood drug results.

THE BREAKTHROUGH DUAL COLUMN GC/FID COELUTION STUDY

In a first-of-its-kind project, researchers studied whether ethanol results could be affected by co-elution with

other volatile organic compounds in a dual column gas chromatograph flame ionization detector. The authors

found that over 20% of the volatile organic compounds they analyzed had some co-elution with ethanol or the

internal standard, n-proponol. The study is set forth in its entirety. §§16:21.4, 16:21.5.

IMPLIED CONSENT LAWS

The best challenge to implied consent laws may be the unconstitutional conditions doctrine which prohib-

its the government from requiring the relinquishment of a constitutional right to secure a government benefit.

§3:01.2.

MOTION TO EXCLUDE UNCERTAINTY CALCULATIONS

Use this sample memorandum to prevent analysts who did not perform the uncertainty calculation from

testifying about it and to prevent alcohol reports containing uncertainty calculations from being introduced into

evidence without the testimony of the person who did the calculation. §18:220.

RECURRING LEGAL ISSUES IN DUI TRIALS

Respected appellate attorney Charles Sevilla answers questions on recurring issues in DUI trials that were

posed to him at a recent online seminar. §§20:200-20:207.

AND MORE!

ATTACKING AND DEFENDING

DRUNK DRIVING TESTS

BY DONALD BARTELL

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