Texas Criminal Defense Lawyers Association - Voice For The ...

actual amounts of the pharmaceuticals present. There is no way to know if the drug was at, above or below therapeutic dosages.
As previously noted no authoritative or recognized source currently exists that would indicate the levels considered impairing
for various prescription meds.
The lab results are to confirm the officer’s opinion. If an inactive metabolite is found, does this actually confirm the opinion? If
a pain killing prescription medication is found in the urine, does this mean the individual is impaired? From the standpoint of
the criminal justice system is “mere presence” sufficient to warrant a conviction?
When dealing with DR cases I would strongly urge attorneys to obtain the services of someone who can assist them to understand
the lab report. This person can inform you whether you are dealing with an active or inactive metabolite, and whether the report
actually sustains the officer’s opinion.
Case Presentations
Direct from the files of Forensic Consulting I present an example of the types of “actual” cases that have come across my desk to
demonstrate what one encounters during the review process. Hopefully as you review the observations, opinions and discussions
you will become familiar with the types of situations you can find in your own cases.
Case #1 — Officer’s Opinion: CNS Depressants
Drug
Classification
CNS
Depressant
Defendant
Observations
HGN VGN B.P. Pulse Temp Pupils Other
Present Present Depressed Depressed Normal Normal No eye convergernce,
muscle
flaccidity
Present None Not Taken 96.99.100 96.4 Normal
Interview:
Lab Result:
Subject admitted taking Xanax (alprazolam) and Effexor (venlataxine)
Cocaine, benzocaine, ecgonine methyl ester, novocaine, cocaethylene, alprazolam.
Discussion: Cocaine is a CNS stimulant. The pulse would be considered within normal limits and is not depressed as would
be expected for a CNS depressant. It appears the officer used the interview information to formulate the opinion and missing the
CNS stimulant is an example of the problems associated with multiple drug interactions. This is also an example of what could
be considered an “erroneous” opinion.
Case #2 — Officer’s Opinion: Cannabis
Drug
HGN VGN B.P. Pulse Temp Pupils Other
Classification
Cannabis None Present Normal Increased Normal Normal Heat bumps
on tongue
Defendant Present None 150/92 92. 102, 100 98.2 Normal Heat bumps
on tongue
Interview:
Lab Result:
Admitted to smoking marijuana.
Carboxy-THC
Discussion: HGN was present but not expected with cannabis. The blood pressure is elevated which the protocol indicates
should be normal. The heat bumps are claimed to be highly indicative of marijuana use. The reality is heat bumps are also found
in smokers whereas a green film and heat bumps are more indicative of marijuana use. The inactive metabolite was found. An
argument exists that the lab report indicates use but not impairment.
18 VOICE FOR THE DEFENSE October 2006