Oklahoma drivers may face criminal DUI charges if a blood test indicates they are impaired by any type of drug—whether it’s illegal or legal. If you were recently arrested for driving under the influence of prescription medication, The Edge Firm can help with preparing an appropriate defense against your charges. Well known throughout the Oklahoma legal community for their proven track record, our attorneys have undergone extensive training on the tests used in impaired driving cases and can put their knowledge to work for you.
If an officer suspects that you are driving under the influence, a chemical test will be administered to determine whether those suspicions are accurate. Although breathalyzers are the most common type of chemical test, the only substance they can detect is alcohol. Meanwhile, a blood test is generally preferred in cases where the driver appears to be under the influence of drugs.
While blood tests tend to be more reliable than breathalyzers, this accuracy comes with a healthy number of guidelines and restrictions. First, the person who administers the test must be a physician or other medical professional—not a member of law enforcement. Next, the officer requesting the test must provide a standardized blood collection to the person who will be administering the test. The collection kit should contain three vials that will be used to store the blood samples, as well as an anticoagulant and preservative.
After collecting four blood specimens, the officer will take custody of the kit, sealing and transporting it to the lab. If the kit is not delivered within 24 hours after taking the blood samples, the officer must then refrigerate it in order to prevent fermentation. Finally, the lab receiving the kit must be approved by the Oklahoma Board of Tests—and only four labs in the state meet this requirement.
Attorney Bruce Edge has spent weeks in the labs using the GC-MS machines. These are the same machines that the state labs use. He has run the tests himself, learning the test, tools, language, software, the problems and issues that revolve around the test and how they are subject to so many different problems.
Being Charged Without Being Under The Influence
A new law makes it possible to be charged with a presumed DUI if you have the presence of any illegal drug in your system. You no longer have to be under the influence. Marijuana metabolites will result in a DUI and a travesty of justice. You may have smoked legally in Colorado three weeks earlier, not currently being under the influence, but there could still be metabolites in your body. Under the new law becoming effective in October 2013, you would be guilty of DUI.
How to Challenge Your Test Results
With so many guidelines in place, it’s easy to see how some can be overlooked—and when that happens, it gives you the perfect opportunity to challenge your test results and prevent them from being used against you in court.
To ensure your blood test was administered properly, discuss your case with an experienced DUI defense attorney. Contact The Edge Law Firm to put one of the most successful legal groups in the state to work for you.
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