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The Champion

August 2017 , Page 44 

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Blood Drug Testing: What Defense Attorneys Must Learn

By Andrew Mishlove

DUI-Drug cases are increasing, running the gamut from persons accused of being under the influence of heroin, to persons accused of using their own medication. These cases can be complex, with a lot of jargon and pseudo-science. Since blood drug testing is more arcane than blood alcohol testing, it is easy for a defense attorney to accept the scientific reliability of the blood drug lab report. The time has come, however, to take a closer look at blood drug analysis.

The forensic science system often conceals its mendacity in a cloak of scientific authority. How do defense attorneys face that challenge? First, they make a commitment to refuse to uncritically accept the state’s laboratory report. Second, defense attorneys become educated in forensic blood analysis and trial advocacy. The National College for DUI Defense, for example, offers high-level courses for attorneys to learn the science of blood analysis. Third, they develop expertise in metrology and the basic p

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