Arrests for driving under the influence of Marijuana are up in Michigan, and this means more lawyers are being called upon to understand the complexities of forensic blood testing. The problem is, few lawyers have this expertise, and this is one of the reasons why Barone Defense Firm partner Michael Boyle recently presented on this topic to the Michigan Association of OWI Attorneys.
Part of what Mr. Boyle explained to his colleagues is that there have been many important changes to the way the Michigan State Police Forensic Laboratory conducts their blood tests in drug cases like driving under the influence of marijuana. For example, in recent years, the Forensic Laboratory has purchased new machines for blood alcohol analysis. The name of these blood testing instruments is “gas chromatograph (GC. These instruments use a technique known as Gas Chromatography and with drug testing there is an additional testing called “mass spectroscopy” (GCMS). The old testing method used single column instruments, but the lab now uses head space dual column gas chromatography utilizing a flame ionization detector.
There have also been other changes to the way these drug tests are analyzed, and the results reported. As an interesting aside, while the common nomenclature is to say “blood tests” in fact, the blood itself is literally not actually tested. Here’s a summary of how it works.