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Old 11-14-2016 | 12:06 PM
  #151  
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Originally Posted by MKUltra
That's what you would expect. With the blood being less than LOQ, limit of quantitation, which is extremely low depending on the testing performed, probably with gas chromatography and mass spec detection. This testing is capable of detection below microgram per deciliter of blood. To put that in perspective, it is common to detect cocaine on dollar bills in the parts per trillion amount, literally picograms.


Any decent employment lawyer would be able to keep the persons job with a blood test below LOQ. The handheld breath test given at the time is useless and a reading of 0.046 is well proven to be inaccurate from these devices. The BAC could have been 0.000 or 0.080 and the machine spits out that number. Further the donor may be diabetic, which often causes people to produce ketones that are expelled from the mouth, and has a very sweet smell much like alcohol. Further ketones will cause a breathalyzer to quantitate a number, as the machine is non specifics and detects all aldehydes, ketones and alcohol groups.

As far as denying to give blood, never ever give blood without a search warrant. Never ever.. Never ever give blood until you have consulted with a lawyer. Never ever give blood unless a second sample is taken at the same time that can be examined at a laboratory of your choice. I would not trust my future life to some laboraties as many of them are incompetent.
Great info, thanks.
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Old 11-14-2016 | 06:22 PM
  #152  
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Originally Posted by dontcare4U
Great info, thanks.
Waiting to see what Cajun11 has to say now?
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Old 11-15-2016 | 08:03 AM
  #153  
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Originally Posted by TiredSoul
Yep.....

.........


However--this does NOT trump your right to due process, or your right against self incrimination.

ALWAYS----NEVER SAY ANYTHING TO ANYONE, OR DO ANYTHING WITHOUT A LAWYER ON YOUR SIDE FIRST---EVER!
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Old 11-15-2016 | 08:06 AM
  #154  
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Originally Posted by Bootleg
However--this does NOT trump your right to due process, or your right against self incrimination.

ALWAYS----NEVER SAY ANYTHING TO ANYONE, OR DO ANYTHING WITHOUT A LAWYER ON YOUR SIDE FIRST---EVER!
Unless you are a pilot and asked to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c)

Then do that, otherwise you can kiss your certs goodbye.
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Old 11-15-2016 | 08:42 AM
  #155  
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Originally Posted by GogglesPisano
Unless you are a pilot and asked to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c)

Then do that, otherwise you can kiss your certs goodbye.
I agree, but wait till a lawyer advises and a court order is issued specific to law enforcement officer in accordance with and specific to the CFR and our local statutes.

Breath is always required since you are freely breathing and most states have established breath testing as non invasive evidence collection. At least where I am a blood test must be court ordered. A blood test can be denied based on religious or medical reasons and it does not result in a refusal and therefore a judge must order the collection of evidence. Unless of course you submit the sample freely. Every state is different and therefore you have the right to consult a lawyer when you are under arrest as provided by the supreme court miranda ruling.

Ofcourse there are your companies drug and alcohol testing policy, but consult with your union contact prior. There is nothing wrong with being informed prior to continuing with the evidence collection process.

In those situations, state and criminal misdemeanor and felony charges should be your focus, company, second.

Last edited by MKUltra; 11-15-2016 at 08:56 AM.
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Old 11-19-2016 | 05:30 AM
  #156  
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Originally Posted by GogglesPisano
Unless you are a pilot and asked to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c)

Then do that, otherwise you can kiss your certs goodbye.

But-if you read the request-it doesn't say a specific "time", like within 30 seconds, within 5 minutes. You have the right to have an attorney present if you are suspected of committing any crime, before ANY questioning.

Think like a lawyer--you'll be glad you did.

91.17c. doesn't override the Constitution my friend.
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Old 11-19-2016 | 07:46 AM
  #157  
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Originally Posted by SkylaneRG
Charges were dropped.. but I assume that doesn't mean he's out of the woods as far as his employmen goes.

Intoxication charge against pilot dismissed | Local | rapidcityjournal.com
My favorite comment:

Pilots, train conductors/engineers, ship captains, bus drivers, should have to blow in a Breathalyzer before every trip the make with passengers aboard
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Old 11-20-2016 | 05:19 AM
  #158  
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Originally Posted by deltajuliet
My favorite comment:

Pilots, train conductors/engineers, ship captains, bus drivers, should have to blow in a Breathalyzer before every trip the make with passengers aboard
Doctors should
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Old 11-20-2016 | 08:41 AM
  #159  
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Originally Posted by deltajuliet
My favorite comment:

Pilots, train conductors/engineers, ship captains, bus drivers, should have to blow in a Breathalyzer before every trip the make with passengers aboard
So is that next? The repeat offenders will have to blow into the tube before the engines will start? Awesome!!
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Old 11-20-2016 | 03:15 PM
  #160  
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Originally Posted by B200 Hawk
Doctors should
Politicians should.
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