Resources

Fermentation Defense by Andrew Mishlove

This article from NACDL’s magazine, The Champion, discusses litigating the argument that fermentation inflated the result of a client’s blood test.

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Introduction to Blood Testing by Joseph St. Louis

This resource is an introduction to the science of blood testing.

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Blood Test Delays-Spokane Municipal Findings and Conclusions in Support of Order Granting Motion to Dismiss

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Blood Test Delays-Reply to City’s Response

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Reply Brief: Physical Control is Unconstitutionally Vague by Alex Howie

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Motion to Dismiss: Physical Control Unconstitutionally Vague by Alex Howie

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05.2023_Blood Test Delays Prejudice Defendant and Require Dismissal_Declaration

This declaration is intended to accompany Dustin Howie’s motion to dismiss due to a delayed blood test.

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05.2023_Blood Test Delays Prejudice Defendant and Require Dismissal

This motion argues that dismissal and refiling of DUI charges for blood toxicology results in pre-accusatorial delay that demands a permanent dismissal of the charge. The motion carries the most weight in jurisdictions that either...

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03.24.2023_Blood Alcohol Test Inadmissible in Municipal Court When City Has Not Adopted WACs for Blood Testing by Dustin Howie

This motion argues that a municipal court may not admit a blood test for alcohol in a DUI case when the municipality has adopted RCWs relevant to DUIs but not WACs relevant to blood alcohol testing because RCW 46.61.506 and case l...

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03.24.2023_Declaration in Support of Motion to Suppress Blood Test Due Expired Vial by Dustin Howie

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