Louisville, Kentucky (PRWEB) September 22, 2016
Ron Aslam, founder and principal attorney at the Ron Aslam Law Office in Louisville, announces that he has recently enhanced his skills in providing strong and effective criminal defense representation in DUI marijuana cases by attending training conducted by the American Association of Premier DUI Attorneys. This training - Advanced Level Training on Blood Draw Tube Validation Issues on DUI-Marijuana Cases - offered startling insights into the science behind marijuana blood testing and the tools commonly used by law enforcement.
Kentucky law (KRS 189.520) forbids not only driving under the influence of alcohol (DUI), but also driving under the influence of any substance which may impair one's driving ability. Kentucky statutes mandate rigid enforcement of the law, and violators face fines up to $500 and up to 30 days in jail on conviction for a first offense.
Kentucky law (KRS 189A.010) makes it illegal to operate a motor vehicle with any detectable amount of certain controlled substances in the blood, such as methamphetamine, cocaine, Oxycodone and other drugs. However, this section of the law specifically exempts marijuana. In order to find a person guilty of DUI-marijuana, the police must offer evidence not only of the presence of marijuana in the bloodstream, but must also establish that the use of marijuana did in fact impair the individual's ability to drive.
Police who have reason to suspect that a person is driving under the influence of an intoxicating substance may require the individual to submit to a chemical test of the person's blood, breath or urine. Unlike with alcohol testing, the law does not establish a threshold amount of marijuana in the bloodstream required for a presumption that an individual is or is not under the influence of marijuana. Rather, any detectable amount of marijuana in the blood could be used along with evidence of erratic driving to convince a jury that the person's ability to drive was impaired by marijuana.
Blood Draw Tubes are not Validated for Marijuana
At the Advanced Level Training provided by AAPDA, it was shown while some draw tubes are certified as acceptable to collect blood for purposes of measuring blood-alcohol concentrations, these same tubes have not been validated as acceptable for collecting blood for the purpose of detecting the presence of marijuana in the blood. These tubes, which contain chemical preservatives and anticoagulants, may not accurately detect the presence of marijuana, cannabis or active THC in the blood drawn for testing. Armed with these facts, a skilled and knowledgeable criminal defense attorney may be able to have any such blood evidence suppressed and kept from being admitted in a DUI-marijuana case.
About Ron Aslam
Attorney Ron Aslam has over a decade of criminal law experience, including working as a Public Defender in Cynthiana, an Assistant Commonwealth Attorney (criminal prosecutor) in Louisville, and as a private practice attorney focusing on Louisville criminal defense in general and DUI cases in particular. As one of the top DUI attorneys in the city, Louisville native Aslam works hard to stay on the leading edge of DUI law in Kentucky and nationwide. Mr. Aslam uses all the tools at his disposal to resolve DUI cases satisfactorily before trial, or when necessary to take cases to court and win a victory for his clients.
Ron Aslam Law Office
200 South 7th Street, Suite 320
Louisville, KY 40202