Blood Test For D.U.I.

The Firm

How were you injured?

Locations

New York City Nassau County Suffolk County

Blood Test For D.U.I.

Blood Drug Tests For Drugged Drivers Could Be Coming!

Would you allow a police officer to draw your blood during a traffic stop? In the next year or so, you may not have a choice. Police departments have been relying on breathalyzers to catch intoxicated drivers since the 1940s. But with ten states officially legalizing the recreational use of marijuana, and New York possibly in line to become the 11th, the rules for detecting drivers under the influence behind the wheel are about the change.

According to Insurance Journal, D.U.I. police officers in Phoenix, Arizona have begun issuing on the spot blood draws for drivers suspected of operating their vehicles under the influence of marijuana. In a situation that occurred back in January of this year, a driver was pulled over on a Friday night after he was spotted by police speeding and weaving in and out of his lane. The driver failed a field sobriety test but passed the breathalyzer test. When he admitted he had smoked marijuana a few hours before, the officers took the necessary steps to secure a warrant, mandate a blood draw, and obtain a lab report showing his THC levels all within 79 minutes.

According to the National Institutes of Health (N.I.H.), an estimated 12.8 million people in the United States drove under the influence of illicit drugs in 2017, some flying entirely under the radar. With New York legislators looking to legalize marijuana by the end of 2019, all residents should be educated on the dangers of driving under the influence of drugs and what methods could be coming down the line to detect these harmful substances.

Drugged Driving Is On The Rise

One of the most significant stances against legalizing marijuana is the possibility of seeing more drugged drivers on the road. For some states, this possibility has become a reality. A report released last October by the Insurance Institute for Highway Safety (I.I.H.S.) analyzing police crash rates in states that have legalized marijuana found that drug-related traffic accidents are on the rise.

 

The study examined the police-reported crash rates in Colorado, Washington, and Oregon, all states who have legalized the recreational use of marijuana. This is what they found:

  • Colorado: The effect of recreational marijuana legalization increased crash rates by 7.4%.
  • Washington: The effect of recreational marijuana legalization increased crash rates by 3.6%.
  • Oregon: The effect of recreational marijuana legalization increased crash rates by 4.3%.

 

Unfortunately, because there are currently no comprehensive road tests for testing the level of drugs in someone’s body, the true prevalence of drugged driving our nation’s roads is unknown. Other factors according to the N.I.H. that are impeding our ability to collect information on drugged driving include:

  • How long drugs stay in your body: The amount of time that an illicit substance stays in a person’s body can range from days to weeks. Determining when the drug was used is difficult when you factor in each person’s metabolic rate, the type of substance they used, and how often they use the substance.
  • Police don’t always test for drugs: If a driver tests positive for drunk driving, police departments typically do not pursue more testing to determine if there are other substances the driver could have taken in addition to consuming alcohol. They also may only record the presence of alcohol in someone system which could skew the data on drugged driving crash statistics.
  • It’s hard to tell which substance caused the accident: Even if police officers did initiate more drug tests for individuals found guilty of drunk driving, it’s difficult to tell which substances inevitably led to were the someones inability to drive safely.

Top Three Drugs Affecting Drivers

Drivers under the influence of any substances can have poor judgment and reaction time when behind the wheel of a car, but the N.I.H. lists three specific drugs that are causing most of the drug-related accidents: marijuana, methamphetamine, and opioids.

Marijuana

Marijuana is the most common substance among drivers who operate their vehicle under the influence of drugs. Available in a variety of different forms, marijuana is easy to get and even easier to take too far, too quickly. Marijuana affects your cognitive functions and psychomotor skills that are critical when it comes to driving. These skills affect the parts of the brain responsible for time and distance perception, drowsiness, vigilance, reaction time, divide attention, lane tracking, and overall coordination and balance.

Methamphetamine

Drivers under the influence of methamphetamine or cocaine display some of the most dangerous and aggressive behaviors on the road. According to Addiction.com, these drivers are highly likely to speed, swerve, fail to react to traffic signals, tailgate, and perform risky maneuvers in traffic or on congested roads. These substances can also cause a driver to have trouble speaking coherently, sitting upright, and make them more prone to violent road rage.

Opioids

With the opioid epidemic affecting our entire country, it is not surprising that some drivers would be heavily under the influence of these drugs on the road. According to WebMD, the most popular opioids include codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, and oxycodone. Whether illegally obtained or prescribed, these drugs most often cause drowsiness and can impair a driver’s cognitive functioning on the road.

Should States Start D.U.I. Blood Testing?

As of now, blood testing appears to be the wave of the future when it comes to drug testing drivers. Here’s how the process in New York could work if it were modeled after the Phoenix Police Department:

  1. Police officers would be trained and certified in drawing blood.
  2. In the field, officers would be equipped with a special chair and table for blood testing at traffic stops or D.U.I. checkpoints.
  3. If a driver refused a blood draw, officers could file for an electronic warrant for the blood draw via a laptop or electronic device at any time of day. On-call judges would be available to approve warrants in a matter of minutes
  4. When a blood sample is collected, officers will send the results to a lab to determine the active level of THC or other substance in the bloodstream before determining a final decision on penalties for the driver.

Police officers in Arizona who are using this method of drug testing find they can get a more accurate picture of a driver’s state of mind without having to wait for hours for a test to be taken and processed at a health center facility. By training police officers in the field, they can also save money on the costs required to pay for a phlebotomist and hospital resources to perform the blood draw. Not everyone, however, is as supportive of this new method of drug testing as police officers.

According to the Insurance Journal article, opposers of the blood draw method are concerned with the hygienic nature of performing this type of procedure outside of a medical setting, worried about the spread of disease and infection in a non-sterile environment. In addition, critics are worried about an officer’s ability to obtain an adequate sample, particularly in a possibly hostile or dark setting, and without a great deal of experience with drawing blood. There is also the concern with how e-warrants can infringe on an individual’s rights and questions regarding the validity of an on-call judge who simply has to tap a device to agree or disagree with a warrant request.

But even with all of these concerns, the main question remains- is there a better way to test for harmful drugs that kill millions on the road every year?

Stop Drugged Driving

As we wait for New York law enforcement to decide how they want to catch drugged drivers on the road, residents can do their part in preventing these deadly accidents by driving sober and encouraging others around them to do the same.

Drugged driving is 100% preventable. If you encounter a situation in which a friend or a loved one plans to drive under the influence of drugs, Mothers Against Drunk Driving (MADD) has some excellent tips for intervening highlighted by drugrehab.org:

  • Do not confront the driver when discussing plans for transportation.
  • Offer alternative methods of transportation for getting home or to your next stop such ride-sharing options or public transport.
  • Be aware of what substance your friend has been taking and how they are being affected by it.
  • Make your concern known that you do not want them to hurt themselves or someone else behind the wheel.
  • Suggest your friend spends the night to avoid having them drive home.
  • Use other supports to back up your plan to help your friend avoid driving.
  • If necessary, take the person’s keys to prevent them from driving.
  • If your friend insists on driving impaired, call law enforcement to intervene.

 

You can avoid the above situations altogether by agreeing as a group to using a method of transportation other than someone driving from the start, as well as only attending parties where illicit drugs are not present.

Share this post

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content