5 Tips to Help Avoid a DUI Conviction
by: Lawrence Taylor
If you are ever arrested for drunk driving (also called DUI for "driving under the influence" or DWI for "driving while intoxicated"), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI "sobriety checkpoint" or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform "field sobriety tests". He may also ask you to breath into a handheld device, technically called a PBT or "preliminary breath test". You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test -- and told that if you don't, your driver's license will be suspended.
What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?
1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.
2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you "pass" or "fail"). In almost all states, you are not required to submit to this "testing". It's unlikely that taking it will change the officer's decision to arrest.
3. Decline to take a "PBT" (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.
4. Do you choose blood, breath -- or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called "breathalyzers"; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state's laws -- specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer's testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.
5. In almost all states, your driver's license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee -- usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing -- no matter how good a defense you may have. Tip 5: Get an attorney right away, or make the call yourself -- and make sure you can later prove you made the call within the ten day window!
About The Author
Lawrence Taylor is a former prosecutor, Fulbright professor of law, and author of the standard legal textbook, "Drunk Driving Defense, 5th Edition". He heads an 8-attorney DUI defense firm in Los Angeles. See http://www.losangelesduilaw.com for more information.
Saturday, January 27, 2007
DUI: What You Need To Know Now!
DUI: What You Need To Know Now!
by: Frederic Madore
DUI. Driving Under Influence.
You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.
Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.
Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.
Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.
Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.
You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.
Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
About The Author
Frederic Madore
Frederic Madore is the founder of the http://dui-information-center.info website. Get the best information about DUI and DUI Laws.
by: Frederic Madore
DUI. Driving Under Influence.
You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.
Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.
Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.
Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.
Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.
You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.
Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
About The Author
Frederic Madore
Frederic Madore is the founder of the http://dui-information-center.info website. Get the best information about DUI and DUI Laws.
How To Find A Good DUI Attorney
How To Find A Good DUI Attorney
by: Lawrence Taylor
You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?
One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.
Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?
g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of California DUI attorneys practicing drunk driving defense exclusively. See http://www.duicentral.com/ for more information.
by: Lawrence Taylor
You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?
One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.
Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?
g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of California DUI attorneys practicing drunk driving defense exclusively. See http://www.duicentral.com/ for more information.
Do I Need A DUI Lawyer?
Do I Need A DUI Lawyer?
by: D Ruplinger
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.
About The Author
D Ruplinger is a featured writer for http://www.duislawyer.com. For more information about DUI Lawyers, DUI Penalties and DUI statistics visit: http://www.duislawyer.com/duistatistics.
by: D Ruplinger
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.
About The Author
D Ruplinger is a featured writer for http://www.duislawyer.com. For more information about DUI Lawyers, DUI Penalties and DUI statistics visit: http://www.duislawyer.com/duistatistics.
5 Tips on How to Avoid a False DUI Breathalyzer Result
5 Tips on How to Avoid a False DUI Breathalyzer Result
by: Lawrence Taylor
Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:
1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.
2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.
3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.
4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.
5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.
by: Lawrence Taylor
Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:
1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.
2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.
3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.
4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.
5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.
About The Author
Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.
Let A DUI Lawyer Protect Your Rights
Let A DUI Lawyer Protect Your Rights
by: Bill Wilson
The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.
Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven't had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.
There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.
Who Gets Arrested for DUI
Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.
DUI Fines and Penalties
The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.
The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.
But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.
For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.
DUI Legal Defense
A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.
The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it - can you afford to be without legal counsel? Not a chance!
About The Author
Bill Wilson is a freelance writer for many online publications and newsletters. He is a legal researcher and consumer advocate. You can learn more about the need for a DUI lawyer and legal defense strategies by visiting http://www.attorney-assistance.com, where you will also find info on DUI fines, DUI defenses, DUI law and more. Mr. Wilson can be contacted at info@attorney-assistance.com.
by: Bill Wilson
The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.
Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven't had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.
There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.
Who Gets Arrested for DUI
Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.
DUI Fines and Penalties
The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.
The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.
But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.
For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.
DUI Legal Defense
A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.
The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it - can you afford to be without legal counsel? Not a chance!
About The Author
Bill Wilson is a freelance writer for many online publications and newsletters. He is a legal researcher and consumer advocate. You can learn more about the need for a DUI lawyer and legal defense strategies by visiting http://www.attorney-assistance.com, where you will also find info on DUI fines, DUI defenses, DUI law and more. Mr. Wilson can be contacted at info@attorney-assistance.com.
Drunk Driving: DUI or DWI it doesn’t matter
Drunk Driving: DUI or DWI it doesn’t matter
by: Stuart Simpson
You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.
You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?
If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.
Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.
Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.
About The Author
Stuart Simpson
Of course, none of this is to replace you speaking with an attorney if you are needing advice about a dui or dwi. Laws vary from state to state.
www.dwi-dui-attorney.com
by: Stuart Simpson
You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.
You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?
If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.
Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.
Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.
About The Author
Stuart Simpson
Of course, none of this is to replace you speaking with an attorney if you are needing advice about a dui or dwi. Laws vary from state to state.
www.dwi-dui-attorney.com
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