Rodney's DUI Talk

dui lawyers in wisconsin

Dui Breath Analyzing Devices: are They Reliable?

For many years now there have been arguments between DUI lawyers and law enforcement about the reliability of drunk driving analyzing devices. Lawyers have said that these analyzing devices are not reliable. They believe that these devices detect other chemicals in the body and mistake them for ethanol, or ethyl alcohol, a compound found in drinks containing alcohol. A person could be found to have a high blood alcohol content (B.A.C.), but in actuality there is none, if very little, ethanol in the body. Breath analyzing devices are not as reliable or accurate as blood tests. However, they have been used accepted by the courts as standard instruments in finding out whether or not someone is indeed intoxicated.

What is interesting about this issue is that these breath analyzing devices are not designed to detect the molecule of ethyl alcohol. Most breathalyzer tests can only detect a small part of that molecule. The breathalyzer test assumes that the methyl group is part of an ethyl alcohol compound. There is a myriad of compounds found on a person's breath. Isn't it possible that the breathalyzer instrument could mistake a combination of these compounds as ethyl alcohol?

It's been found that 70 to 80 percent of compounds found on a person's breath contain methyl groups. Therefore, in order for someone to be convicted for drunk driving, the prosecution must prove that ethyl alcohol was in the body at the time of the breath test. The prosecution must provide proof without a doubt that the ethyl alcohol is responsible for the results produced by the breath analyzing instrument.

Researchers have come to the conclusions that breath alcohol analysis is not sufficient to be used in the courts to charge a person for drunk driving. Also, research has been conducted to prove whether or not breath tests are as reliable as blood tests. In one study, members of the toxicology section of the Wisconsin State Laboratory of Hygiene discovered that only 33 percent of the breath test results correlated with corresponding blood tests. What is worth noting about this study is that in 11 of the cases, the defendant was shown to be intoxicated using one of the tests even though the other tests showed that they were not intoxicated.

So, the question we should be asking ourselves is this: Who actually will gain from these breath analyzing machines? Is is the manufacturers who sell these devices to law enforcement? How do we know that these manufacturers have indeed developed perfect machines? Machines are only as perfect as the humans who have created them. These devices are run by computers and we all know that computers can often break down or have technical issues. So, in essence, can we actually rely on breath analyzing devices?

About the Author

Maria Palma is a freelance writer dedicated to helping people find San Diego DUI lawyers. Get help and information with your San Diego DUI.

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car crash victim what do i do?

I was in a car accident a few months ago but never received anything in the mail about lawyers or phone numbers to call but the people i was in the accident with called me today and said they got 10k each and if i got any money in the mail for paying hospital bills and ambulance bill we where hit dui and rammed into a house but i never got a call or letter what do i do to claim money to pay for hospital and Other bills i was out of work for 1 month.

You surely got the defendant's insurance informayion from thr police report. Call them, or have your attorney csll the,. If you suffered damages, you srer entitlrd to recovery.

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What Does it Mean When the Police Say You Were Driving Under the Influence in Arizona?

When the government charges someone with a misdemeanor DUI in Arizona, there are a number of charges that come along with it.  There is usually never just a single Arizona DUI charge. This is why it is so critical to hire a competent Arizona DUI lawyer.

The first charge is driving under the influence.  What that means is the government is alleging the defendant was driving a motor vehicle, and while driving, the driver was under the influence of alcohol or drugs to at least the slightest degree.  With is charge, called driving under the influence, the driver's blood alcohol concentration is irrelevant.    The government can convict you even with a minimal amount of alcohol in your system. In other words, you did not have to be above the legal limit of alcohol, which is .08 in Arizona, the state to convict you of driving under the influence.  Ironically, if you have a very good tolerance to alcohol you could potentially beat this charge by saying your high tolerance allowed you to drive without any affect, regardless of how high the blood alcohol concentration actually was. If the state convicts you of this charge, the minimum time in jail is one day in custody. In a driving under the influence charge only, the blood test results by themselves are not dispositive.  The first kind of evidence the government will use is the police officer's observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA "nighttime driving cues of impairment." That is just copspeak for "he looked like he was driving drunk."  Next, the police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much to drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.

The second count in a typical misdemeanor Arizona DUI case is called the per se charge. This charge means your blood alcohol concentration was above the legal limit.  In these sorts of cases, the blood test results are usually dispositive.  For non-extreme DUI charge, the legal limit is 08. For an extreme DUI charge  the legal limit is .15.  The per se charge means that regardless of how high your alcohol tolerance is, you drank so much alcohol that it increased your blood alcohol concentration above the legal limit.  It does not matter for the per se charge that the alcohol you drank did not affect your ability to drive.  If the state convicts you of the first per se charge, ie, blood alcohol concentration above the .08, the minimum time in jail if one day in custody. If the state convicts you of the extreme DUI charge, the minimum time in jail 30 days in custody. With any DUI conviction, even for a first offense, you must have an interlock device for at least 12 months after you get your license reinstated.

Importantly, even if the state convicts you on all three counts, that does not mean you have a three DUI convictions on your record. As long as it is for the same DUI stop, it is only one Arizona DUI conviction.

If you have been charged with a DUI, please contact the Law Office of Vladimir Gagic for a free initial consultation regarding your case.

About the Author

Vladimir Gagic is an aggressive trial attorney with significant experience in both criminal defense and DUI. Visit the website for Law Office of Vladimir Gagic at http://www.defendingarizona.com/

2008-02-16 Tucson, AZ Checkpoint Part 2/2

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Groups Reach Out to Inform Teens About Dui

We all do know that driving while under the influence of alcohol has never been a really good thing to do. First off, you do not have total control of your vehicle. You may be familiar with all the Eagle performance parts you have added to your vehicle but you would not be able to actually control your vehicle once your senses have been already affected by the alcohol and liquor that you have ingested.

Many have lost their lives and their loved ones because of driving under the influence of alcohol or have suffered because they have encountered people who driving under the influence. And it is quite alarming that the statistics seem to be going up instead of lessening and going down. Because of this, groups have come up with various ways so as to bring about awareness of such behavior and in the process alleviate the numbers of those who get involved in wrecks and crashes because of these being under the influence.

The Michigan State Police have come up with a program that they are calling the Education and Prevention of Impaired Crashes so as to bring about awareness. And they are using GEM electric vehicles from Daimler Chrysler to inform people about their campaign. They are also utilizing these special goggles which they call "Drink Busters" so as to let people have that feeling what it is to be behind the wheel of a vehicle while being influenced by alcohol. The demonstration would be held at the Oakland County Traffic Safety Meeting. And with this program, they are aiming at informing and educating teenagers about the mentioned situation. The event would be happening on the 2nd of October at eight to nine thirty in the morning.

So how would the demonstration go about? With the use of a GEM electric vehicle crafted by GM's Global Electric Motorcars division, there would be a course that would have safety cones. Teenagers and those interested drivers would be outfitted and suited with the previously mentioned "Drunk Busters". These special goggles would actually simulate any effects that one would experience when being influenced by drugs or alcohol.

About the Author

Tracy is a 29 year old researcher and writer from Dallas, Texas with extensive experience in writing auto-related articles and covering automotive related events. She is currently a contributing writer for a leading automotive e-zine.

Wayne County Criminal Advocacy Program (CAP) DUI Defense seminar part 2

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