Rodney's DUI Talk

dui facts and statistics

Breathalyzer Myths and Field Sobriety Tests

The breathalyzer test is one of the most difficult aspects of a DUI or Driving Under the Influence charge to overcome. If you've blown into the machine during a suspected DUI traffic stop and your Blood Alcohol Content (BAC) is over the legal limit, you'll definitely be charged with DUI.

There are several myths surrounding the breathalyzer and the potential to beat it despite being intoxicated. A lot of folks depend on beating the breathalyzer only to find out in court that what they believed were ways to do so, in reality did not affect the breathalyzers results. Sitting in court is not the time you want to find that out.

One of the more common breathalyzer myths is that if you put a penny in your mouth the test won't be accurate. The fact of the matter is that a police officer will make sure you haven't had anything in your mouth for twenty minutes prior to your being tested. A penny, gum, or just about anything in your mouth will invalidate the test, but the first thing a well trained police officer will do is to make certain that there is nothing in your mouth.

Another common myth is that you can defeat the test by not blowing into the tube while pretending that you are, causing the machine to register your breath as free of alcohol. The breathalyzer analyzes the amount of breath being taken in and alerts the officer if there's not enough air flow. If someone taking the test keeps pretending to blow but doesn't, the officer will eventually designate that the test was refused.

Yet another fallacy is that the officer can cause the machine to register a higher BAC than is actually present in the person suspected of driving under the influence. The days of "dialing up a drunk" on the old machines are over. The modern digital breathalyzers are made to be tamper-proof.

A breathalyzer test is much more difficult to overcome in court than are field sobriety tests. Your attorney can attack the breathalyzer if he can show that the test solution wasn't used on schedule, they can point out an officer's lack of required training, or that the test wasn't given soon enough after the arrest. The chances of success here are slim but a good attorney can make all the difference.

Field sobriety tests are much easier to defeat in court than the breathalyzer. The National Highway Traffic Safety Administration studied field sobriety tests and developed a series of three, being the Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn tests, that if properly administered will allow an officer with a statistically high degree of success to show that a person's BAC is at least .10.

DUI attorneys can attack these tests in several ways. These include the officer not being adequately trained, the tests were not given in the prescribed manner, and that the officer misinterpreted the results. The possibility of human error on the officer's part is much greater than with the use of the breathalyzer.

About the Author

The
Massachusetts DUI
Website has information on what to do if you are Arrested for a DUI, How Police Spot DUI Drivers and promotes the use of
Personal Breathalyzers
to help prevent a DUI Arrest.

Let's Party

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dui lawyers washington

Build your DUI Defense with an Experienced DC DUI Lawyer

Defending a case of DUI or driving under the influence in Washington DC requires the services of an experienced DC DUI lawyer.  These cases do require an understanding of the various technical and medical evidence that is gathered and which results in a charge of DUI being made.  

For those who have been charged with a DUI offense finding a good DC DUI lawyer to represent you will give you the best possible chance of being either acquitted or receiving the minimum penalty available.  Not all lawyers will have experience of DUI cases so it is important to look for those who only specialize in DUI.

Prosecuting DUI cases can be as difficult as they are to defend.  There are many areas within the prosecution case which can be undermined either by alternative theories being put forward or by a failure in procedures or by personnel.  These could include offering up alternative theories for why the defendant was acting in the manner which brought about suspicion of DUI or procedures not being followed correctly when tests where being carried out.

It is the task of your DC DUI lawyer to question the evidence presented and to present reasons why it should be made inadmissible in court.  For this reason it is important that you hire a lawyer who has the experience to question the evidence presented and who understands the procedures by which it was obtained.

Once you have been charged with a DUI offence it is important that you seek to hire a DUI lawyer as soon as possible in order to give them time to build a case for you.  Your first consultation may be free and is a good opportunity to find out what penalties you could be facing, the legal process from here on in and the law as it relates to DUI charges.

When you find a DC DUI lawyer with whom you are comfortable and have confidence in, they can then set about building your defense and managing the process for you.  Managing a court case can be a frustrating and lengthy process and not something that clients should aim to do themselves.  It require much paperwork, communicating with relevant authorities and researching every legal aspect of your case.

For those who have been charged with a first time DUI offense the penalty may be less severe than for those who have previous convictions.  However, the penalty may rise if an accident or series injury has been caused as a result of driving under the influence.  Washington DC also operates a pretrial diversion program which first time offenders may opt for.  Once completed the charge may be struck from the record and the defendant’s license reinstated.

About the Author

Mr. Venils spends his free time researching and blogging about DC DUI laws, his mentor is a prominent DC DUI lawyer .

Washington State DUI Laws - 1877-DUI-Answer

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DUI OUI Story on CBS with Attorney David R. Yannetti

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drunk driving accident articles

How to Hire Auto Accident Lawyer in LA to win your claim

Everyday auto accidents happen on the road of the United States and reasons behind the occurrence of these automobile accidents are many like reckless driving, drunk driving or negligence of other driver. But, auto accidents can be quite fatal and in many cases can even cause catastrophic injury. Catastrophic Injury include a number of serious and life-threatening injuries. Generally, these personal injuries are those which result in permanent disfigurement or damage, and even can make a victim on medical care for extended period of time.

Every year, most of the auto accidents could have been averted if people drove more responsibly. But from auto accidents statistic, it is revealed that more than 3 million people in United States are injured in automobile accidents, with more than 2 million of these injuries resulting in some type of permanent disability or dearth. Furthermore, in the United States every 14 seconds a car accident with injuries occurs, with every 12 seconds one person dies because of a car accident. Also, it is reported that almost 40% of car accidents that result in death are because of drunk drivers and approximately 30% of all auto mobile accidents resulting in death occur because of one of the drivers’ over speed limit. But in the past few years, the larger numbers of fatalities have actually been on a decrease; largely in part to mandatory seatbelt laws. However, auto accidents are one of the major causes of catastrophic injuries.

Catastrophic injuries or personal injuries due to auto accident or other reason are more than physical injury as these types of injuries are quite devastating financially.  For you, these can be overwhelming due to medical expenses, lost wages or financial crisis. If you consider your catastrophic injury or personal injury has occurred due to the negligence of other person, then you can claim for compensation and obtain justice in the form of monetary damages, medical bills and lost work.

Furthermore, the best way to claim for your compensation is by talking to auto accident Lawyer who can assist you in better understanding your legal rights, and ensure you do not miss out on an opportunity to obtain the compensation you need for your personal injury. The most effective way to select the personal injury lawyers is by contacting a law firm with experience handling your type of case. As you know all auto accidents cases are different, thus compensation can vary widely depending upon the type and severity of the injury, and other factors. Plus, if you have suffered from catastrophic injury due to auto accident, then your mode of compensation cannot be compared with normal accident injury. In such scenario, discussing your case with a qualified and experienced auto accident Lawyer with proven record of success is important first step you should make to obtain justice. By selecting a skilled Lawyer, you can abstain from legal hassle as he can represent your case effectively and aggressively and will assist you in obtaining maximum recovery for your health, family, medical expenses and lost wage issue.

Disclaimer:  This Article is for Information only and can not be used for any kind of legal action.

About the Author

LA Auto Accident law firm provide auto accident lawyers and auto accident attorneys for legal representation of auto accident Cases. Auto accident laws cover personal injury, catastrophic injury, burn injury, wrongful death due to automobile accident.

Drinking and Driving Makes You an A-hole

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wisconsin drunk driving legislation

Madd & Representative Staskunas Supports Alcohol Ignition Interlock Legislation

Mothers Against Drunk Driving (MADD) united with state Rep. Tony Staskunas (D-West Allis) last Thursday to publicize a vital piece of anti-drunk driving legislation. The bill which is ponsored by Rep. Staskunas, calls for convicted drunk drivers to put in an alcohol ignition interlock on their vehicles as a terms of probation. This verified technology and one of the most highly-required auto parts would be necessary for every person with an earlier drunk driving record and for anybody convicted of driving with a blood alcohol concentration (BAC) of .16 or above.

"Drunk driving is a serious threat to the safety and well-being of everyone in Wisconsin - a threat that this legislation requiring interlocks for convicted drunk drivers will significantly reduce. By stopping these drivers from re-committing their crimes, we'll be saving lives and preventing countless injuries," says Representative Staskunas.

According to The Auto Channel, 305 citizens died in drunk-driving crashes - 42 percent of all traffic fatalities - and over 5,600 people were severely injured in alcohol-related crashes two years ago. Similarly moderating statistics specify the average BAC of drunk drivers in Wisconsin is a shocking .17; an astounding record which is more than twice the legal limit of .08.

"Wisconsin has the regrettable distinction of being ranked as the worst state in the country when it comes to the number of drunk driving fatalities. We need to continue treating this serious crime as a fully preventable one - the technology and resources to save lives in Wisconsin exist and need to be put to full use," says Kari Kinnard, executive director of MADD Wisconsin.

The alcohol ignition interlock is among the latest innovative car parts today. It is an advanced breath test device connected to a car's ignition system. While installed on the vehicle, its effectiveness is up to 90 percent efficient in avoiding reiterate offenses by convicted drunk drivers. Drivers must first blow into the device when he or she desires to start his or her vehicle. However, the vehicle will not start if the driver has alcohol in his or her system. Present Wisconsin law does not necessitate interlocks for convicted drunk drivers, but adjudicators have the choice to entail interlocks upon a second OWI offense.

Research reveals that those convicted of drunk driving for the first time have driven drunk over 87 times earlier than their first arrest. Studies also estimate that 50 to 75 percent of drunk drivers whose licenses are suspended continue to drive their vehicles.

About the Author

Anthony Fontanelle is a 35-year-old automotive buff who grew up in the Windy City. He does freelance work for an automotive magazine when he is not busy customizing cars in his shop.

6 Factors of OWI Defense - Drunk Driving Lawyer in Wisconsin

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