More on Hospital Blood Alcohol Tests

July 21st, 2014 Allen Trapp Posted in Uncategorized No Comments »

Ringer’s lactate solution may result in an artificially high hospital blood test result because of the reaction between lactate and LDH. Many hospital blood tests are performed upon suspects who have suffered trauma. In connection with trauma treatment, lactated Ringer’s solution is frequently injected intravenously to provide fluid to patients after blood loss. Lactated Ringer’s solution is also used as a conduit for the delivery of drugs to patients.  Lactate dehydrogenase (LDH) levels may monitor damage caused by muscle trauma or injury and to help identify hemolytic anemia. Hemolytic anemia is caused by the breakage of red blood cells – either because they are unusually fragile or because something is mechanically breaking them, such as an artificial heart valve. Elevated levels of LDH and changes in the ratio of the LDH isoenzymes usually indicate some type of tissue damage. Usually LDH levels will rise as the cellular destruction begins, peak after some time period, and then begin to fall. For instance, when someone has a heart attack, blood levels of total LDH will rise within 24 to 48 hours, peak in 2 to 3 days, and return to normal in 10 to 14 days. LDH levels are elevated in a wide variety of conditions reflecting itswidespread tissue distribution.

Elevated levels of LDH may be seen with:

• Cerebrovascular accident (CVA, stroke)

• Hemolytic anemias

• Pernicious anemias (megaloblastic anemais)

• Intestinal and pulmonary infarction

Many things can affect LDH results that are not necessarily a cause for concern. For example:

• Strenuous exercise can cause temporary elevations in LDH.

If your platelet count is increased, serum LDH will be artificially high and

not reflective of the LDH actually present.

A hospital blood alcohol analysis is performed by an enzyme assay. An enzyme is added to the serum sample. That enzyme (NAD) reacts in the presence of alcohol and forms another enzyme (NADH). The amount of one of NADH is then measured to determine the amount of alcohol in the sample. The problem lies in the contents of the ringers lactate.  The lactate reacts with LDH, which is often present in those who are injured or who are suffering from oxygen deprivation, to form pyvurate. During this process, additional NAD is converted to NADH which results in a falsely high alcohol result.

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GERD’s First Cousin: Another Problem with Breath Tests

April 10th, 2014 Allen Trapp Posted in Breath Tests, Uncategorized No Comments »

Gastroesophageal reflux disease (GERD) and laryngopharyngeal reflux (LPR) are somewhat similar diseases that seem to be reaching epidemic proportions. Millions of Americans suffer from their sequelae, ranging from subtle annoyances to life-threatening illnesses such as asthma, sleep apnea, and cancer.

The recognized prevalence of GERD alone increased threefold throughout the 990’s.  LPR is reflux of gastric contents into the throat and larynx (voice box). This disease is different and distinct from GERD. The anatomic proximity of reflux into throat and larynx increases the potential for distortion of breath alcohol test results.

In order for a health care professional to be prepared to testify in a DUI case, he or she must review the following:

Pertinent previous medical records to establish the diagnosis of LPR.

Symptoms essential to the diagnosis of LPR.

A detailed timeline of food and drink consumed prior to the breath test administration because certain foods and drinks are known to worsen LPR.

Last but not least, we recommend that the doctor present to the jury a brief laptop explanation of the anatomy and physiology relevant to the understanding of LPR. One picture is worth a thousand words is as true now as it was 100 years ago.

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About the Authors

January 7th, 2014 Rob Leonard Posted in Uncategorized No Comments »

Richard N. Blevins, Jr. is a DUI Defense lawyer in Marietta, Georgia.  He is a former Assistant District Attorney with the Cobb Judicial Circuit and Assistant Solicitor General with the Cobb County Solicitor’s Office.  He is also a former police officer with the DeKalb County Police Department, Milledgeville Police Department, and Baldwin County Sheriff’s Office.  Richard has over 1,000 hours of training as a police officer.  Prior to being a police officer, Richard served in the U.S. Army Military Police Corps as a criminal investigator and traffic accident investigator in Berlin, Germany and Schofield Barracks, Hawaii. He is a member of both the National Association of Criminal Defense Lawyers and the Georgia Association of Criminal Defense Lawyers.  He is also a member of the National College of DUI Defense and the Cobb Bar Association Criminal Defense Section.  He is state certified in field sobriety testing and Intox 5000 as an operator.  He is also NHTSA certified in DUI Detection and Field Sobriety Testing.

 

Allen Trapp is a DUI defense lawyer in Carrollton, Georgia. He is board certified in DUI Defense by the National College for DUI Defense. He is a member of both that National Association of Criminal Defense Lawyers and the Georgia Association of Criminal Defense Lawyers, which he currently serves as vice president.  He won the 2005 DUI Lawyer of the year from Georgia DODD (Defense of Drinking Drivers), and in 2009 was Selected as a Georgia Super Lawyer. He has also been trained in Field Sobriety Testing and the DRE program. He is one of only a few lawyers who owns both the Intox 5000 and the Alcosensor IV.  His book “Georgia DUI Survival Guide” was released in the summer of 2009, and he has been invited to serve on the faculty of DUI seminars not only in Georgia but also in Texas, Wyoming, Massachusetts, and Arizona over the past five years.

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Braves Star Arrested for DUI

April 30th, 2011 Allen Trapp Posted in Current Events, DUI Arrests That Made the News, Top 50 DUI Arrests of All-Time, Uncategorized No Comments »

      Braves pitcher Derek Lowe was charged with driving under the influence of alcohol within days after pitching coach Roger McDowell was accused of making anti-homosexual comments before a game in San Francisco last weekend.  Gordy Wright, a spokesman for the Georgia State Patrol, said a trooper stopped Lowe’s vehicle about 10 p.m. on Thursday, April 28th, on an Atlanta street. The trooper detected an odor of an alcoholic beverage and administered a “field sobriety test,” which resulted in Lowe’s arrest.  Initial reports failed to identify the nature of this test, but additional information should be forthcoming. 

     The 37-year-old right-hander was charged with DUI, reckless driving and improper lane change, according to the Georgia State Patrol.  Lowe declined to take a breath test before he was released, and the officer did not attempt to obtain a search warrant for a blood best, although he could have done so under state law.  The Atlanta Journal-Constitution has reported that Lowe was allegedly racing another vehicle when he was pulled over.

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website
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Former MADD president charged with DUI

April 4th, 2011 Richard Blevins Posted in Uncategorized No Comments »

A former MADD chapter president in Gainesville, FL was charged with DUI, see news article.  Debra Oberlin, 48, was arrested around 1:00 a.m. February 18 after police say the car she was driving was swerving on Northwest 39th Street. According to the arrest report she was given two breathalyzer tests and measured .234 and .239. The limit in Florida is .08.  Written by Richard N. Blevins, Jr.

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Hiring a DUI lawyer for your case

March 2nd, 2011 Richard Blevins Posted in Uncategorized No Comments »

If you are charged with DUI, you need to find and hire a lawyer that will help you in your case, if you just don’t want to walk in and enter a guilty plea.  Some things to look for in hiring your attorney:  Does he/she know their stuff?  Do they attend seminars, and are they trained in SFST and Intox?  Are they members of any professional DUI or criminal organizations?  Are they current with the latest DUI law?  Ask around the courthouse and see who the bailiffs, lawyers and court clerks recommend.  I am a member of the National College of DUI Defense, National Association of Criminal Defense Lawyers, Georgia Association of Criminal Defense Lawyers, certified in NHTSA and the State of Georgia Standardized Field Sobriety Testing and DUI Detection, certified as an operator of the Intox 5000, 10 years of law enforcement experience with the U.S. Army, DeKalb County Police, Milledgeville Police and Baldwin County Sheriff’s Office, 4 years of experience as a prosecutor in Cobb County with the Solicitor’s office and District Attorney’s office and 7 years as a DUI Defense attorney.  Written by Richard Blevins  visit my website.

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Consequences of a DUI conviction in Georgia

March 1st, 2011 Richard Blevins Posted in Collateral Consequences of a DUI Conviction, Uncategorized No Comments »

If you are stopped and arrested by a law enforcement officer in Georgia for DUI, you may face several things if you are convicted in court. The maximum penalty for a first DUI conviction in Georgia is 12 months in custody and a $1,000.00 fine. The minimum penalty for a first DUI in Georgia is 10 days in jail and $300.00 fine. There are a few mandatory requirements: 40 hours of community service, Risk Reduction course, known as DUI school, an alcohol evaluation and any complete any treatment that is recommended. The is also a one year suspension of your driver’s license. You may be eligible for a temporary driving permit for 120 days.    Written by Richard Blevins  visit my website.

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NHTSA’s Standardized Field Sobriety Tests

February 6th, 2011 Richard Blevins Posted in Field Sobriety Tests, Uncategorized No Comments »

The National Highway Traffic Safety Administration created three standardized field sobriety tests that law enforcement officers use in their DUI investigations.  They are the Horizontal Gaze Nystagmus test (HGN), Walk and Turn test, and the One leg stand test.  Officers are trained to look for a number of clues in each test.  In the HGN they are looking for 6 clues, in the walk and turn, they are looking for 8 clues and the one leg stand they are looking for 4 clues.  NHTSA conducted a study and it was shown that 88% of individuals who exhibit 4 or more clues in the HGN have a .08 or higher BAC (Blood Alcohol Content).  If 2 or more clues are found on the walk and turn test, 79% of the individuals have a .08 or higher BAC in the study.  If 2 or more clues are found on the one leg stand test, 83% of the individuals have a BAC of .08 or higher in the study.Hiring an experienced attorney to assist you in looking to see if these tests are administered correctly, could go along way in helping you with your DUI case.  Written by Richard N. Blevins visit me at my website or www.mariettacriminaldefense.com

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Administrative license suspension

January 19th, 2011 Richard Blevins Posted in Collateral Consequences of a DUI Conviction, Uncategorized No Comments »

If you are stopped in Georgia by law enforcement and ultimately arrested for DUI, you may have more problems than with the court system. The state of Georgia has a right to suspend your ability to drive in Georgia if you are operating a motor vehicle under the influence of alcohol. This proceedure is known as an administrative license suspension (ALS). After your arrest the officer may submit a petition to suspend your driver’s license. The petition is known as a 1205 form. The officer will do this if you register a .08 grams or more or if you refuse the state’s test. If this occurs you have ten days to file a request for a hearing with an administrative law judge. Your request for a hearing must be accompanied by a fee of $150.00.If this happens to you, contact an attorney as soon as possible so they may prepare your defense.Written by Richard Blevins visit me at my website. www.cobbcountylaw.com

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