How Innocent People get convicted of DUI.

Many people are not concerned about DUI laws as they say they will never drink and drive. Such people assume their actual innocence immunizes them from arrest. Unfortunately, actual guilt is not a predicate for DUI arrest --- all it takes is an officer who says you are drinking.

Police officers are not very good at discerning between people who are .08 and people who are .00. Indeed, few people are very good at determining who is "legally drunk" at .08 and who have no alcohol at all. The reason the police do not detect impairment in subjects with .08 is that there is usually no impairment to see. The .08 standard is an arbitrary standard -- most people are not impaired at .08 despite what MADD, the media and the government tells you. For that reason, in today's America, the police arrest anyone they believe smells of an alcohol beverage.

If this hypothesis is true, that smell by itself merits arrest, then there should be a lot of .00 people who are wrongfully arrested. People who smell of alcohol or the police believe smell of alcohol but actually have no alcohol in their system. Thomas Workman, an electrical engineer with many years of work experience who is also a patent attorney, has done a detailed analysis of Florida's breath alcohol testing program results. Mr. Workman found that one out of every twenty Florida citizen tested for alcohol had two zero (0.000) samples. No alcohol was found. From April 1 2006 to November 30 2007 there are more than 3,900 citizens who provided two samples of 0.000, for DUI tests.

From April 1 2006 to November 30 2007 there are about 58,000 citizen tests with results above 0.000

This works out to 6.7% for Florida as a whole. But do some police officers arrest more innocent people than others?

When you look at the data and identify the arresting officer, some disturbing patterns emerge. The same officers are making these "double 0.000" tests, over and over. While Florida Dept of Law Enforcement claims to be monitoring the tests, they do not look for these kinds of patterns, or if they are, they ignore what they see. This is not the whole story according to Mr. Workman.

For citizens who supply a first sample that satisfies all of the requirements set by Florida, and who then are charged with a refusal, because a second adequate sample is not supplied, it is shocking to look at what the first sample was measured to be.

Of all citizens who do supply a first sample, and then fail to supply a second sample, over 90% of these first samples measure to be 0.000. This means that a citizen is punished for a refusal, which includes the possibility of a jail sentence, when the officer knows that the citizen has no impairment. Why would a citizen with no alcohol in their system refuse to give a second sample?

These citizens, who represent 1% of all tests of citizens, are treated far worse, because they do not have the benefit of the 0.000 result, and they likely are prosecuted, and many convicted. They can also be convicted of the crime of failing to provide a sample, even though it is likely that the second sample was prevented by the officer (again, why would a sober person refuse to provide a second sample?)

Then there are the citizens who are tested with machines that are defective. Mr. Workman will be presenting his findings of these, who represent more than 10% of all tests (that is more than 1 out of ten tested is being tested on broken machines) at the annual NACDL conference in Las Vegas.

We are all indebted to Mr. Workman for his time consuming analysis which indicates that thousands of innocent people are being convicted of DUI with 0.000 blood alcohol. This result supports the hypothesis that since .08 is usually not physically distinguishable from 0.000, people with no alcohol in their systems are subject to arrest, prosecution and conviction for DUI.

If you get arrested despite being innocent and the officer decides that you refused the breath test, you can get convicted despite your innocence. Even the innocent need to be afraid of DUI laws.

Copyright (c) 2008 Robert Keefer

Article Source: http://www.articlegoldmine.com

Why Choosing a Good DUI Lawyer is Important

The importance of retaining good Orange County DWI lawyers if arrested for driving under the influence is often overlooked and for no serious reasons. The magnitude of having good Orange County DWI lawyers on your side equals that of having the best doctor trying to save your life.

Employment is an area that will be affected. If you have a DUI-related felony offense on your record, you will have to disclose that when asked on an employment application or during a job interview. This is not only embarrassing, but it can be a major roadblock to getting a job, especially those jobs requiring either transportation or delivery.

A DUI-related conviction on your record can also affect your life when it comes to family so make sure you have Orange County DWI lawyers undertake the task of defending you in court.

You want very good Orange County DWI lawyers representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, good Orange County DWI lawyers could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test and good Orange County DWI lawyers on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used in court. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to actually be convicted.

Article Source: http://www.yourarticle.info

DUI Police Test Kits

Alcohol is actually a drug that has very dangerous effects on the human body's central nervous system which effects the way we react when driving.

When we drive after having a drink the alcohol in our body's effect our brain and can lead to very dangerous side effects, sometimes drivers have passed out at the wheel and even stepping into a car in an intoxicated state is such a risk to other citizens on the road.

Drink driving is also commonly refereed to as driving under the influence or DUI or driving while intoxicated / driving while impaired (DWI) it is a criminal offense in nearly all the major countries in the world due to the fact many deaths are caused by it.

The level of alcohol in our blood (BAC) is what determines the legal limit which varies depending on your own country's or states laws.

In addition, we have also put some USA specific information for each state, showing the legal drunk driving limit, information on open alcoholic drink container laws for both drivers and passengers, information relating the possible suspension of your driving license and seizure of your vehicle.

You can actually get kits for your saliva, urine or breath which can be used when leaving a bar before you get into your car and risk yours and other peoples lives.

They are usually digital breath test kits which are perfectly suitable for use in any workplace, home and personal use and are also used by parents to test if there children have been drinking under age if they can smell alcohol on them or if they are acting strange and resemble an intoxicated state.

By using a DUI personal test kit which will measure the alcohol in your body and tell you if you are legally allowed to drive is a very good way of keeping safe after you have had one too many and want to drive home or drive somewhere else.

These type of kits are exactly the same as the ones the police of highway patrol and traffic offices will test you with, so its always best to check yourself personally with a kit and not wait until the police pull you over and test you as you defiantly do not want to go to jail.

Article Source: http://www.wzooka.com

Ignition Interlock as Deterrent to DUI

There has been a steady decline over the last couple of years in regards to fatalities brought by accidents related to driving under the influence.

In 2007, 32 states have reported a decrease in fatalities related to drunk driving from 28 states the previous year.

But there is still some bad news, even with the decrease in fatalities, there were still 12,998 deaths reported as a result of DUI. The number is still very high despite the various laws that are being enforced to curve this problem.

DUI is still the primary cause of road accidents in the US. DUI is also the leading cause of deaths of American aged 16 – 24 years old.

The Mothers Against Drunk Driving (MADD) had been advocating different measures to decrease the number of fatalities and injuries through accidents caused by DUI.
One of these measures is the Ignition Interlock Law. Though not a perfect solution, it is seen as a positive avenue to curing the DUI problem.

IGNITION INTERLOCK LAW

In California, the Ignition Interlock law (AB762) is under the Farr-Davis Safety Act of 1986. This law requires judges to order people convicted of DUI on a suspended driver’s license or at their discretion, to install an Ignition Interlock in vehicles.

An ignition interlock is a device installed in a vehicle that prevents DUI. It is a breath test machine that is hard wired to the ignition switch.

A driver is required to take a breath test to start the car and at random times while driving. This is a preventive measure that keeps drunken drivers from driving a car.
When a court orders an offender to install an ignition interlock, it is usually them that shoulders the expenses for installation.

The installation of the device goes at around $100-200. There is usually a monthly fee of around $70-100 as well. The DUI offender is also responsible for the maintenance and data transfers of the device.

Setbacks

The Department of Motor Vehicles’ (DMV) study shows that though it can have an impact as a deterrent for DUI it was not effectively implemented in California.

A number of reasons that reduced its effectiveness are:

• Many of the DUI offenders cannot afford the high cost of installation and maintenance of the Ignition Interlock.
• Many of the DUI offenders complain that having an ignition interlock installed is difficult and time consuming.
• Lastly, most DUI offenders have no vehicles of their own.
Because of these reasons, only about 27% of the California judges impose the installation of ignition interlocks to DUI offenders.

Advantages

Although some setbacks have been encountered, there were still positive feedbacks given to the law.

The DMV reported that though implementation in California was ineffective at the current time, some modifications to the program could be implemented to increase its effect.
This is due to some direct feedback from those who were able to use the device. They said that the device was able to prevent them from drunk driving and have changed their drinking behavior positively.

Article Source: http://www.wongaa.com

San Francisco DUI Lawyers

Throughout the past few decades, there has been a rather steady increase in auto accidents, particularly due to intoxication and impairment. As a natural result, the number of dui-related law suits is also increasing, providing a heavy burden on the justice system to try cases involving auto accidents, as well as non-accident related DUI offenses. The effect of these DUIs is not only felt by the courts, but also by the insurance companies. Insurance rates have risen dramatically, and premiums are currently sitting at an average of over $1,000 in some places.

In San Francisco, DUI lawyers are getting plenty of work as more and more people are facing charges for drunk driving and DUI offenses. These DUI lawyers in San Francisco should not necessarily be the first line of defense when dealing with a DUI defense, but they can help in many cases. DUI attorneys can use the law to ensure that proper avenues are followed to allow for a fair trial, fair treatment, and if found guilty, a fair sentence. Most DUI attorneys simply want accountability to be correctly assigned and their clients right to a fair trial to be upheld.

There are so many different legal precedents for DUI related accidents and crimes, and there are thousands of legal codes, road laws, and procedures that relate to many different DUI and traffic law scenarios - from drinking laws and traffic laws, to laws involving Miranda rights, written and spoken statements, and the right a fair trial. A good DUI lawyer must be highly trained and extremely well-versed in all of these potentially life-changing procedures. A trained, competent DUI attorney could easily be the difference in freedom and jail time or hefty fines.

San Francisco DUI Lawyers

Recently, Mens Health magazine ranked San Francisco as the city with the ninth-highest number of DUI arrests, making one of the most dangerous places to drink and drive. However, the demographics of San Francisco, as well as its geographic location in the bay area mean that the City by the Bay hosts some of the most competent and well informed DUI attorneys that can help ensure a fair trial and fair treatment.

A DUI does not have to be a life altering event, and find a dependable San Francisco DUI lawyer can help make sure that your rights are left intact and that you are represented and adjudicated under the law with your best interests intact. If you find yourself in the unfortunate situation of facing potential DUI charges, call a DUI lawyer in San Francisco and make sure your rights are protected.

Article Source: http://www.webeleven.com

Challenges in Court Against Blood Alcohol Test

For years, DUI attorneys have tried to exclude blood alcohol tests from DUI prosecutions, challenging their validity primarily because there are often errors in blood tests. And recently, the challenges have grown, with case after case impacting on hundreds and even thousands of DUI cases. For example, in an Ohio blood-testing incident, blood drawn for medical purposes could not be introduced as evidence in a DUI case unless the state demonstrated that the hospital had substantially complied with the state health director’s DUI testing standards. Even when blood had been drawn at the request of law enforcement, if the results are challenged, the state has to prove substantial compliance.

Blood Testing

When we address Blood Alcohol Content (BAC) it means the number of grams of alcohol present per 100 milliliters of blood in a person's system. By way of illustration, a BAC of 0.10% would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of his blood. Yet, the amount of blood actually tested as opposed to the amount that is drawn from the arm is quite different. The laboratory usually draws an entire vial full of blood from a person’s arm, but it tests less than a tenth of an ounce, which is a very small amount of measurable alcohol. Because of this fact, the smallest error during the testing procedure can lead to a huge error in the final result. And if there is a possibility that the blood was contaminated during the time it was drawn, it could lead to an artificially high reading of alcohol.

Why Attorney’s Challenge Blood Alcohol Tests

Although blood tests tend to be the most accurate from the various tests given for a DUI, inaccuracies in blood alcohol tests occur often. Sometimes, equipment is not used properly. Other times, testing equipment is not sanitized. There have even been many reports where blood samples get mixed up. It is for these reasons that attorneys challenge the results of blood alcohol tests as they find vulnerabilities in the blood testing method. As an example, during a trial of State Representative Charles Portwood from Missouri, his dui attorney succeeded in getting his DUI charge dismissed because the nurse who had drawn blood used an alcohol wipe to clean his skin. While testing seems to indicate that alcohol on the skin has no impact on the results of a blood test, Missouri law requires that the skin be cleansed with a “non-alcoholic antiseptic.” The dismissal of Rep. Portwood’s DUI charge has made the challenges of blood testing even greater. As a result, the challenges of blood testing will either require a different law or the procedures will have to change.

Other Challenges to Blood Alcohol Tests

In the same way that wine ferments in a sealed bottle, so too does blood ferment in a sealed vial. When blood ferments in the vial, the alcohol level will be higher at the time of testing than it was at the time it was actually drawn from the arm. This can lead to blood results that are 2 to 3 times higher than they were at the time the blood was actually drawn from a person’s arm. In order to minimize the risk of an artificially high blood alcohol reading, a laboratory must meet certain criterion. For example, the correct type and amount of preservative powder and anticoagulant powder must be added to the vial and after the drawing of blood, the blood and chemicals must be sufficiently mixed or the chemicals will have little effect. The sample must also be kept in a controlled refrigerated environment in order to preserve the quality of the sample. If any of these steps are missed, the blood alcohol test can be challenged.

Defendant’s Rights

A good DUI attorney will challenge a blood test because of the mistakes often made. Some of the mistakes can include an ill-trained person drawing the blood. Sometimes it’s a matter of records not being kept properly. Therefore, any misstep in a blood alcohol test can invalidate a result. And just because a police officer has gotten a blood test that shows that alcohol is over the limit, is no indication that the case is a done deal. The reason? If the results of a DUI blood testalcohol content in the blood it only indicates that the blood contained a certain BAC at the time the blood was drawn. It does not show what the alcohol content of the blood was at the time of driving. It is not against the law to have a BAC of .08% or above at the police station when they took your blood, but it is against the law to have a BAC of .08% or above at the time you were actually driving. It is because of these discrepancies that it’s important to hire a good DUI attorney who can help protect your rights. If you are facing a DUI charge, it’s very important that you consult with a DUI attorney before taking any action. accurately reflect the true

Article Source: http://www.straightdui.com

DUI Auto Accidents - What You Need to Know

Driving while under the influence "DUI" is, as we all know, one of the biggest causes of road fatalities in the United States. In 2005, according to the National Highway Traffic Safety Administration (NHTSA) just over 43,000 people were killed on American roads; of these, almost 40% were alcohol related. To put it another way - a person is killed every thirty minutes due to drunk driving.

The obvious advice of course is not to drink and drive. But people still do and the reasons are all too familiar. Many people think they can get away with having just one drink; many people consider it acceptable to drink and drive if they are just going a short distance. And many teenage drivers are persuaded by friends that it's OK to just have a couple of drinks.

Be especially careful if you are driving in Alaska. The state has the highest numbers of alcohol related accidents, possibly due to the constantly icy roads or the long distances involved. And of course, people tend to drink and drive more at certain times of year, or for a special occasion. Thanksgiving is the time of year that most people tend to drink and drive, followed closely by New Years Eve.

Younger drivers - defined as those aged from 21 to 34 - are responsible for more alcohol related deaths than any other age group. About five times more alcohol related accidents occur at night than during the day and around 60% of all DUI convictions are given to first time offenders.

But if you do find yourself in a DUI situation, what can you expect and what are your legal rights? A DUI is a serious offence. But it often isn't as bad it first appears, and you may have some options. This article offers only general advice. You should always consult an attorney who is qualified and has experience in this area.

To further complicate things, the rules and regulations can vary from state to state. It can make a big difference which state the offence occurred in. The level of alcohol in your blood at the time of the incident can influence the outcome too. Different states have their own levels which can vary greatly.

If you are going to have a drink or two, make sure you know the limits in your state. A DUI conviction is either classed as a crime or a felony. A conviction can mean one or more of several things depending on the circumstances. Penalties and fines can vary based on several factors: any history of previous DUI convictions, whether there was another vehicle involved, any damage to property and whether the driver was under the legal drinking age.

If you are involved in a DUI accident, whether as the driver or passenger, the first thing you should do is consult an attorney. Which of course, is your legal right. Try to find an attorney who specializes in DUI cases and can offer initial advice. You still have certain rights if you are involved in a DUI incident and it's up to you not to try to incriminate yourself.

In most cases, if you are asked to give a breathalyzer test, you can choose whether or not to take part. In most states, if you refuse, your license will automatically be revoked. Regardless of any additional penalties. Instead of the standard breathalyzer test, there may also be other tests such as field sobriety tests or a blood sample.

If you witness an accident (whether DUI related or not ) you also have certain obligations. Your first concern of course should be for any people trapped or hurt at the scene of the accident. Always provide accurate information - your statement may be invaluable in determining what really happened and who is to blame.

If you spot a driver who appears to be drunk, try to get the license plate number without putting yourself in danger. Call the local police department or the highway patrol as soon as you can, its one scenario where cellphone use while driving is considered to be acceptable!

Despite widespread efforts to reduce DUI accidents, drunk driving remains the biggest source of fatalities on the road today. Never drink and drive. And if you are unfortunate enough to be involved in a DUI accident, know your rights.

Keyword Articles: http://www.keywordarticles.org

DUI While in the Military

If you’re a member of the armed forces facing a Military DUI charge, the process and consequences can be much different than someone who faces a civilian charge. There are some important differences you need to understand when you’re dealing with a Military DUI charge.

What is intoxicated for a military DUI? For members of the military, a military court can use the state’s legal blood alcohol limit for a military DUI. However, military courts aren’t limited to the state’s legal limit. If your blood alcohol limit is lower than the state’s legal limit, but the military court feels it was enough to impair your ability to operate a vehicle, you can still be charged with a military DUI.

Where will your military DUI be tried? Unlike civilian DUI, a military court will try your military DUI. This means that you’ll need an attorney that understands military law and military DUI. As in a civilian court, one charged with a military DUI has the right to a defense attorney. It’s important that you get an attorney to assist you with the military DUI as quickly as possible. While civilian court proceedings tend to stretch out over a long period of time, military DUI court will move much faster.

What type of sentencing applies to military DUI conviction? In a military DUI conviction, there can be a wide variety of punishment. In a civilian trial, a DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs. These are all limited by state law.

In a military DUI case, the sentencing can be quite different. For example, military DUI does not have a maximum legal sentence, so the court will be able to decide the sentence. A military DUI conviction can result in dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance, fines, and imprisonment. At the very least you may receive a formal reprimand for a military DUI.

How will a military DUI affect my career? A military DUI can have a serious impact on your military career. It’s possible to receive a dishonorable discharge ending your military career permanently. Less severe, but still serious, consequences of a military career include the inability to increase in rank or pay grade. Your military DUI conviction will become part of your permanent military record. In the armed forced, a military DUI is a very serious charge with serious consequences and requires the skills of an aggressive DUI lawyer who has experience in handling military DUI cases.

Article Source: http://www.duiarresthelp.com

Teenager Sentenced to Twelve Years in Prison after Fatal DUI

Dylan Morse, 18-year-old son of the Merced County, California District Attorney has been sentenced to 12 years and 4 months in prison, according to Lori A. Carter, reporting for the Santa Rosa Press Democrat.

Judge Ken Gnoss made what he called an "extremely difficult" decision last week when he sentenced Morse to what Carter calls one of the harshest DUI sentences in the past decade, in response to the crash that killed one man and left his best friend in a coma.

Morse will spend at least ten years in prison, following the recommendation of the county probation department, which reported that he was "well aware" of the risks posed by a DUI offense.

"This was grossly unfair and unjust," says Morse’s lawyer, Chris Andrian, who said that Morse was "appropriately remorseful" and seeking alcohol treatment.

Morse pled guilty to three felonies and three misdemeanors connected to the February 14 collision that killed Berkeley art student and musician Alex Ruiz, 22, and left two others with significant injuries, including Ryne Spitzer, 19, who incurred permanent disabilities. Nonetheless, Spitzer’s family has protested the sentence.

"We are trying to intervene on the excessive confinement thrown at Dylan Morse," said Mark Spitzer, Ryne’s father. "This is not to lessen the devastating effects of drinking and driving, but we are also talking about an 18-year-old young man who needs a chance after any incarceration to still salvage a productive and influential life. We will try to help."

Gnoss said that he put himself in the position of Spitzer’s family, and felt that Morse deserved the maximum punishment. He believed that Morse knew his behavior was illegal and dangerous. In fact, just the day prior to the accident, Morse had driven Spitzer to a court-ordered class following his own DUI arrest.

Morse’s blood-alcohol level was 0.15% when he ran a red light and smashed into Ruiz at Highway 116 and Stony Point Road.

Lynn Darst, a Mothers Against Drunk Driving advocate who lost a daughter-in-law to a drunken driving accident in 2005 said she supported the sentence.

"I believe it was too harsh to have Alexander Ruiz lose his life as a result of two young men in a vehicle under the influence of alcohol. That was a harsh sentence for the Ruiz family."

Over the past decade, sentences handed down by judges in Sonoma County have varied widely for DUI fatalities. Some defendants have received probation, while others have been sentenced to a year or less in county jail.

In cases where the defendants had prior DUIs or left the scene of the accident, they received sentences of up to nine years in prison. The Press Democrats report no cases with similar circumstances in a decade that received such a lengthy prison sentence. The maximum sentence for the offense is 15 years.

There are some concerns that the lengthy sentence factors in the reality that Morse’s father is an elected prosecutor, which may affect his treatment in prison and where he will be housed.

Source: Santa Rosa Press Democrat

Source: http://www.totaldui.com

What It The Penalty For A DUI?

It is important to protect yourself from arrests due to driving under the influence. The best possible way to avoid this is to not get behind the wheel of a car if you have been drinking. Choose a designated driver or take a taxi cab to and from your destination if you feel like you will be unable to safely operate a vehicle. If you are arrested for driving under the influence, it is important to hire a good attorney to defend your case because the penalties for the offense are quite severe.

The first thing you will face is an actual arrest. This is a very traumatic experience and will take several hours before you can be released on bond or your personal recognizance. You will have to face getting booked and processed which is a highly embarrassing situation and will also have to sit in jail, often overnight, until you are released on bond.

Once you are released you will have a court date set. You will need to prove your case in a court of law and will likely need the assistance of an attorney for this. Attorney’s fees for this type of trial can be very expensive and can sorely damage a person’s budget. There is also the time element involved and you may need to take time off work. Unfortunately, this can also put your job in jeopardy. However, hiring an attorney is the best possible way to avoid some of the more severe penalties associated with a drunken driving conviction.

If convicted, you may face suspension or revocation of your driver’s license. This is highly inconvenient and prevents you from dealing with your normal daily activities. Suspernsion of your driver’s license can last for several weeks, months or even years depending on the severity of the situation. This penalty can be highly debilitating to your lifestyle.

When you are able to legally operate a vehicle again, you will find your auto insurance rates have increased significantly. You will have to get a special type of insurance that costs much more than insurance for people with clean driving records. Because of the conviction you are deemed a higher risk. The insurance rates can stay inflated for many years.

After a conviction you may have several legal consequences such as fines, community service or even jail time. This may occur if this is your first offense and you are put on probation. The legal fees are generally high and if not paid you can face prison time. Community service is often something that is not pleasurable, such as picking up trash on the side of the road. If the offense is not your first or there was an injury or damage to property you may face a jail sentence.

Penalties for driving under the influence are fairly severe. They can also follow you through the rest of your life and be on your permanent record. This can prevent you from getting certain jobs. The best way to avoid driving under the influence penalties is to not drink and drive.

Article Source: http://neoarticle.com

Boston Defense Lawyer - Houston DUI Lawyer - DUI Lawyer 859

Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. While it is true that he cannot memorize the whole constitutional provisions, he should at least research on similar cases and matters before hand. Are these defense lawyers expert in the field of criminal law?. When choosing the right attorney for your legal needs, ensure the coverage you are receiving is a complete coverage.
Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web. When it comes to finding a criminal defense lawyer Pennsylvania residents can enjoy a choice of lawyers with experience and expertise in criminal law. A normal argument often heard is that if a person has been arrested for committing a crime, where is the need to defend him or her? Is there really a case for proving that person not guilty of the offence committed when a major part of the evidence suggests that the crime has been committed by that person? In this context, the role of a defense lawyer is often suspect. The job of a criminal defense attorney is to keep their clients from being proven the latter. A Portland criminal defense attorney, for example, is expected to have an understanding of Portland's laws better than an attorney from Miami.
Criminal defense lawyers would be able to help with these. These days there is no need to leave things to chance and risk being without the invaluable assistance of a criminal defense attorney. In the legal world one aspect is more serious than others, criminal cases. In these cases the burden on the shoulder of the criminal lawyer is immense as he is the one who will ensure that the accused will get just treatment as per the law.
When it comes to finding a criminal defense lawyer Pennsylvania residents can enjoy a choice of lawyers with experience and expertise in criminal law. Although it is important to get the advice and expertise of a lawyer, hiring the services of a criminal defense lawyer in Pennsylvania could prove costly. He should know by mind and by heart, the articles of the constitution that are applied against you.
Criminal Defense provides detailed information on Criminal Defense, Criminal Defense Attorneys, White Collar Criminal Defense, Criminal Defense Law and more. A great actor with emoting skills to gain the favor of the jury and convince them of his clients innocence or despair. While it is true that he cannot memorize the whole constitutional provisions, he should at least research on similar cases and matters before hand.
The inconsistencies and unreliability of these machines aside, people often help convict themselves of drunk driving merely by taking these tests. When it comes to finding a criminal defense lawyer Pennsylvania residents can enjoy a choice of lawyers with experience and expertise in criminal law. A criminal defense attorney is there when times get tough to guide you through the legal process.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. While no one wants to find themselves in the need of a criminal attorney, should that time come the best attorneys will follow you through the entire judicial process. If the crime has been committed, he will formulate sentencing programs tailored to a clients specific needs, often helping defendants avoid future brushes with the criminal justice system.
There are times in life when we all need that helping hand. But a good Portland criminal defense attorney needs to know more than just the education side of Portland law. To learn more about hiring a Tallahassee dui lawyer or a Florida criminal attorney, please visit our website at This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks. When it comes to a criminal defense attorney, that hand can mean the difference in being handed down a sentence of innocence or guilt -- the difference between getting that deserved settlement and settling for an offer on the table that is less than it should be.

Article Source: http://www.jodee.biz/articles

How to Handle a DUI

When you receive a DUI, it can be a life-shattering event. There are numerous complications that can arise both in court and in your personal life. This is a process that can truly be one of the most difficult you could ever endure and if you don’t handle your case right, the effects can be long lasting.

Everyone makes mistakes but not all drivers who get a DUI are actually guilty. Equipment can malfunction, and police may not have performed the stop correctly. You need to be aware of all of your rights so that you can successfully fight your DUI in court. If you don’t, your driving record, insurance and possibly even your job can suffer irreparable damage.

The first step you need to take after you get a DUI is to contact a qualified law firm. You need to make sure that you are working with someone that actually concentrates in this field of practice. Although any attorney can help you with a DUI, not every one is well versed in the intricacies of this type of law. You don’t call a plumber to perform heart surgery, so don’t entrust your DUI case to a lawyer that doesn’t concentrate in this particular area of the law.

After you contact a law firm, they will begin asking you some questions about the stop that resulted in the DUI. This is due to the fact that there are many technicalities that can work in your favor. Whether the police failed to perform the stop correctly or they did not have just cause to pull you over, there are many areas of the law that can result in your winning a DUI case.

The law firm will need to determine whether or not the equipment used by the police was in fact operating properly. There are times when this equipment does malfunction. In addition, there are medical conditions that can mimic the effects of alcohol and some may even throw off the equipment, causing it to give a false reading.

After this process, the law firm will be able to decide how best to represent your case. This stage is very important, especially if you have not yet had your DMV hearing. You are going to need proper representation at this hearing in order to increase your chances of winning your case. This the main reason that it is vital to contact an attorney immediately after receiving a DUI.

When you have the right representation on your DUI case, you can be assured that you are going to have the benefit of due process working on your behalf. You need the years of experience that a law firm can provide and you need this kind of support. Without it, guilty or not, you could face serious consequences that can alter the course of your future.

Article Source: http://www.indexed-articles.com

DUI lawyers: Experts to trust

DUI is probably the most common offense committed everyday. It happens anywhere and to anyone. One might feel that a few rounds of beer or favorite liquor would do no harm. At first you might expect that after the drink, you’ll be driving home and sleep tightly but what would you do when you end up in jail? Many have the same thinking as this, and since the laws and enforcers are very strict there has been a greater demand for a DUI lawyer.

One must know that being arrested for drunk driving has very serious penalties. All of the states have adopted this law with standards and limits for legal intoxication. Of course, the penalties in every state vary; one could expect that some have tougher penalties than others.

An immediate penalty is the suspension of your driver’s license after being arrested for suspected drunk driving. If you do not immediately request for a special hearing, you risk losing your license. In some states it is difficult to get back your license after being suspected of this crime even if you are found innocent after legal procedures.

Aside from the immediate penalty, being convicted for committing DUI brings harsh sentences. You will be fined thousands of dollars, your vehicle will be impounded and you will be under probation for a maximum of five years. And the worst of all is to serve jail time for a minimum of 30 days that could last up to 5 years.

We could see the seriousness of the penalties. It is important to seek legal advice from a good DUI lawyer. The lawyer will help you take care of the complex legal matters. One may opt to represent himself in court; it is your right but you are expected to follow all court rules. Many have tried but it is very difficult; no matter how much you prepare to represent yourself.

It would be easier for you if you get a good DUI lawyer who has enough experience and knows the ins and outs of the legal procedures. There could be harmful evidences that could make matters worst for you. As someone who has no legal background, it would feel very stressful and think that there is no hope to overcome the situation. Let’s admit it; the legal procedure is so complex that it confuses us. There are lots of people who weren’t aware of the gravity of the crime they committed until they are convicted. With the help of you DUI lawyer, he or she could explain everything that happens to your case. The lawyer could analyze the evidences against you, thus he’ll know the possible sentence the court would give. The DUI lawyer could also work on the evidences and find ways to lessen them or dismiss your case.

If you have or had an experience with this situation, you would know the stress that this brings, not only to the offender but also to the family. Aside from the large sum of money for the fine the conviction could lead to a series of problems. The jail time and the bad record could make you lose a job or you have difficulty getting one. That is why; it is not advisable to gamble with other ways of getting through such a situation. All this could be prevented when one seeks the help of a good DUI lawyer.

Article Source: http://www.hallofarticles.com

Drunk Driving - What's the Big Deal?

States are cracking down on drunk driving. DUI and DWI laws across the nation are becoming stricter and being enforced with greater diligence. Why is drunk driving such as big deal? What happens to your body when you drink that makes driving so dangerous?

Alcohol slows the brain by acting as a depressant. When you drink, some of the messages your senses are sending to your brain are suppressed. That means you the fact that the car in front of you is stopping may not register with your brain, or it may register far to late for you to act. Alcohol in your system also makes you have a distorted picture of how you are moving. You may think, for instance, that you are moving in a straight line, when, in fact, you are staggering across the room. When you are driving, this makes it almost impossible to drive straight down the road.

When you drink and drive, you are putting yourself at risk. Many drink drivers are killed because of their poor driving skills. According to the Centers for Disease Control and Prevention, car wrecks are the leading cause of death for people in America who are under the age of 24, and about 40 percent of those deaths are somehow related to alcohol. Many of those in this statistic were the drivers or passengers of drunk drivers.

So just how dangerous is it to drive drunk? Having a blood alcohol content of just .10, a tiny bit over the legal limit, puts you at seven times higher of a risk for being involved in a crash that kills someone. If that level is raised to just .15, the risk increases to 25 times.

What about driving with a little bit of alcohol in your system? What if you are driving under the legal limit? Are you still putting yourself and people around you at risk?

Believe it or not, you could be. A blood alcohol content of .04, for instance, can increase the likelihood of someone being involved in a car crash by 1.4 times. Every drink that is added to that person's system increases the risk dramatically. Doubling the blood alcohol level to .08 increases the risk of a car crash to 11 times more likely. So having "just one more" could bring devastating consequences.

So before you jump in the car after a party, stop and think about the risk. Are you ready to live with the knowledge that your actions killed someone? Are you willing to put your own life and the lives of your passengers at risk? If not, pass the keys to someone who did not drink or call a taxi. The rest of the community will thank you.

Article Source: http://www.freeliveknowledge.com

How Long Does A DUI Affect Your Auto Insurance Rate?

When it comes to auto insurance premiums, we all have some control over how rates can affect us. You have the opportunity to assume more of the risk with higher deductibles, just carrying liability coverage on older cars, getting discounts for not receiving speeding tickets, in general just being an overall good driver.
However, for some avoiding such incidences seem to be difficult so if this applies to you dont freight, there is still hope for obtaining insurance.

With all the things that can effect your insurance premium getting a DUI has got to be one of the toughest things that can follow you for a long time. Were talking several years to come. This is because youre now classified as a high Risk driver. That puts you into a whole new category.

So to the question of how long does a DUI affect your auto insurance rate? For approximately 3 years per incident. Unfortunately being classified as a high risk driver you now bare the mandatory requirement that you carry whats referred to as an SR22 insurance policy for 3 years.

Do you know what an SR22 insurance policy is? Well if you dont know, its a policy reserved for DUI drivers when they get their drivers license back. This is the highest risk policy an auto insurance company can cover on an individual. Be careful to watch for notifications from your current insurance carrier because some major carriers will drop you as a customer after a DUI conviction once placed on your driving record. This is part because some carrier wont insure High Risk policies to drivers with that status.

However, you still need auto insurance coverage right? And you still can but at about 2-3x the regular rate for high risk or DUI insurance coverage. Typically in the auto insurance industry to may need to seek out smaller companies for that kind of insurance. You can still get an affordable rate though; you just may have to do more shopping around to compare rates and services than most.

Unfortunately, when it comes to the regulating these high risk SR22 insurance policies there really are none in place for what insurance carriers can charge for DUI Insurance. So youre practically at their mercy. Companies still want your business and you can find coverage if you get dropped from your current carrier. Even if you didnt get dropped, expect your premium to drastically increase. Just take the opportunity to compare the rate.

Find yourself the best deals on high risk auto insurance by comparison shopping from quality agents in your area. You can also ask your carrier for assistance for DUI Laws in your area as well as DUI Lawyers or just research and locate ones on your own. Just get reliable information to protect yourself. That doesnt cost you anything but time and you never know you just might find a lower rate. Just dont drink and drive and you can avoid all of this matter?

When it comes to auto insurance premiums, we all have some restraint over how rates can bear on us. You have the opportunity to usurp more of the risk with higher deductibles, just carrying liability coverage on older cars, getting discounts for not receiving speeding tickets, in oecumenical just being an boilers suit good driver.
However, for some avoiding such incidences seem to be hard so if this applies to you dont freight, there is still hope for obtaining insurance.

With all the things that can effect your insurance premium getting a DUI has got to be one of the toughest things that can keep abreast you for a long time. Were talking several years to come. This is because youre now classified as a high Risk driver. That puts you into a whole new category.

So to the question of how long does a DUI affect your auto indemnity rate? For approximately 3 years per incident. Alas being classified as a high risk driver you now bare the mandatary demand that you carry whats referred to as an SR22 insurance policy for 3 years.

Do you know what an SR22 insurance policy is? Well if you dont know, its a policy reserved for DUI drivers when they get their drivers license back. This is the highest risk policy an auto insurance company can cover on an individual. Be heedful to watch for notifications from your current insurance carrier because some major carriers will drop you as a customer after a DUI strong belief once placed on your drive record. This is part because some carrier wont insure High Risk policies to drivers with that status.

However, you still need auto insurance coverage right? And you still can but at about 2-3x the unconstipated rate for high risk or DUI insurance coverage. Typically in the auto insurance industriousness to may need to seek out smaller companies for that kind of insurance. You can still get an affordable rate though; you just may have to do more shopping or so to compare rates and services than most.

Unfortunately, when it comes to the regulating these high risk SR22 insurance policies there really are none in place for what insurance carriers can charge for DUI Insurance. So youre practically at their mercy. Companies still want your business and you can find reportage if you get dropped from your current carrier. Even if you didnt get dropped, expect your agiotage to drastically increase. Just take the opportunity to compare the rate.

Find yourself the best deals on high risk auto insurance by comparison shopping from quality agents in your area. You can also ask your carrier for assistance for DUI Laws in your area as well as DUI Lawyers or just inquiry and place ones on your own. Just get reliable entropy to protect yourself. That doesnt cost you anything but time and you never know you just might find a lower rate. Just dont drink and drive and you can avoid all of this matter?

Article Source: http://finance.articles-and.info

DWI, DUI, And BAC: Three Deadly Acronyms

DWI - Driving While Intoxicated.
DUI - Driving Under the Influence (of alcohol or drugs).
BAC - Blood Alcohol Concentration (or Content).

These three acronyms form a deadly combination. The main links between the three are alcohol and driving. It is well documented that drinking alcohol impairs judgment, slows reaction time, and decreases coordination. When a person is DWI or DUI, he or she is piloting a one-ton time bomb with little control over it. Is it speeding towards you?

These three acronyms have legal ramifications too. DUI and DWI are criminal offenses. To determine if a DWI or DUI offense has been committed, it is necessary to measure how much alcohol was consumed by the suspect driver (the BAC).

In the field, police officers utilize tests to determine the amount of a driver's impairment due to alcohol. Such tests include, but are not limited to, breath alcohol tests and field sobriety tests. The breath test is further discussed in this article.

A person's reaction to alcohol varies widely. Some factors that affect alcohol impairment include gender, body weight, time of last meal, time of day, alcohol tolerance, medications, genetics, rate of alcohol consumption, and many more.

A police officer stopping a suspected drunk driver has visual, olfactory (smell), and breath tests to judge a person's impairment from alcohol. The officer must make some kind of quantitative determination of the amount of alcohol impairment at the time of the stop. All the factors mentioned above do not matter to the officer. All he or she wants to do is to create a "snapshot" of the degree of impairment.

Blood alcohol concentration (BAC) is a measure of the amount of alcohol in the blood, expressed as a percentage by volume. This can be measured precisely by taking a sample of the driver's blood for analysis. In the U.S., a BAC level of 0.08% (commonly written as .08) or more is considered illegal. However, the officer on patrol certainly doesn't have a medical lab in the car, and must rely on a breath testing device.

The brand name Breathalyzer is often used generically to describe devices that measure blood alcohol concentration. This type of breath analyzer does not actually measure the concentration of alcohol in the blood. Instead, the reading on the breath analyzer is only an estimate of the alcohol in the blood.

Correlations between the amount of alcohol in the blood and the resulting amount of alcohol in the breath have been made. The tests show the ratio to be approximately 2100 (in the blood) to about 1 (in the breath), or 2100:1. Based on factors listed above, a person's blood:breath alcohol ratio can vary from 1700:1 to 2400:1.

In simpler terms, if an average person has 2100 drops of alcohol in the blood, the breath tester will show a reading of 1 drop. Doctors have measured the blood and breath alcohol contents of test subjects simultaneously, allowing them to calculate the relationship between alcohol in the blood and alcohol in the breath.

When a drunk driving suspect blows into the breath alcohol tester, the machine measures the alcohol in the breath. The machine then calculates the amount of alcohol in the blood by using a blood:breath alcohol ratio. This calculation of BAC is only an estimate. However, that estimate is what goes on the police report and is what the judge will see.

The next time you have consumed alcohol and feel like you are not impaired to drive, remember these points. First, your confidence may be simply alcohol-induced euphoria. Second, your life and the lives of those you drive near may all depend on what the little breath machine thinks is normal. Are you willing to bet your freedom on the opinion of some fancy calculator? Me neither. Be safe!

Need DWI help fast? Investigate the free tips at the resource below.

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Drunk Driving - What's the Big Deal?

States are cracking down on drunk driving. DUI and DWI laws across the nation are becoming stricter and being enforced with greater diligence. Why is drunk driving such as big deal? What happens to your body when you drink that makes driving so dangerous?

Alcohol slows the brain by acting as a depressant. When you drink, some of the messages your senses are sending to your brain are suppressed. That means you the fact that the car in front of you is stopping may not register with your brain, or it may register far to late for you to act. Alcohol in your system also makes you have a distorted picture of how you are moving. You may think, for instance, that you are moving in a straight line, when, in fact, you are staggering across the room. When you are driving, this makes it almost impossible to drive straight down the road.

When you drink and drive, you are putting yourself at risk. Many drink drivers are killed because of their poor driving skills. According to the Centers for Disease Control and Prevention, car wrecks are the leading cause of death for people in America who are under the age of 24, and about 40 percent of those deaths are somehow related to alcohol. Many of those in this statistic were the drivers or passengers of drunk drivers.

So just how dangerous is it to drive drunk? Having a blood alcohol content of just .10, a tiny bit over the legal limit, puts you at seven times higher of a risk for being involved in a crash that kills someone. If that level is raised to just .15, the risk increases to 25 times.

What about driving with a little bit of alcohol in your system? What if you are driving under the legal limit? Are you still putting yourself and people around you at risk?

Believe it or not, you could be. A blood alcohol content of .04, for instance, can increase the likelihood of someone being involved in a car crash by 1.4 times. Every drink that is added to that person's system increases the risk dramatically. Doubling the blood alcohol level to .08 increases the risk of a car crash to 11 times more likely. So having "just one more" could bring devastating consequences.

So before you jump in the car after a party, stop and think about the risk. Are you ready to live with the knowledge that your actions killed someone? Are you willing to put your own life and the lives of your passengers at risk? If not, pass the keys to someone who did not drink or call a taxi. The rest of the community will thank you.

Article Source: http://www.freeliveknowledge.com

Acclaimed and respected DUI Defense firm located in Bellevue, WA

Road accidents are considered a serious health issue around the world. These traffic mishaps not only cause physical injuries among drivers and their passengers but cause the deaths of many people as well. Majority of these reported accidents are due to drunk driving or driving under the influence of liquor (DUI).

A World Health Organization (WHO) study has found that 1.2 million people are killed and 50 million are injured in traffic accidents every year. This makes road accidents the second leading cause of death. Approximately 40 percent or 480,000 of these reported deaths are attributed to drunk driving. The WHO expects that by 2020, deaths resulting from these road accidents will go up by 80 percent due to a rise in the number of vehicles on the road.

In the U.S., drunk driving accidents claim the lives of more than 17,000 people each year. For the year 2003 alone, DUI-related deaths were pegged at around 40 percent. This makes alcohol as the leading cause of traffic deaths and injuries in the United States. Washington State reports consistent 43 percent alcohol-related fatalities in 2001, 2003 and 2006.

To date, there are two statutory offenses to driving under the influence of alcohol being followed in all 50 U.S. states. Driving under the influence (DUI) is the first offense. It also includes driving while intoxicated or impaired (DWI) or operating a motor vehicle while intoxicated or impaired (OWI). The first offense is applied based on a police officer’s observations of a person’s behavior and speech. The second offense is known as illegal per se which means driving with a BAC of 0.08 percent or higher.

In Washington, all DUI offenses are considered gross misdemeanors. The state’s criminal and administrative penalties are some of the country’s harshest. These include jail, fines, loss of license, a double probation period, mandatory alcohol assessment and higher insurance rates among others.

The Department of Licensing will suspend a driver’s license 30 days after the arrest if the offender is found to have blown over the legal limit or refused a test. What’s important to note here is that the license suspension stays in effect for up to two months or even longer despite the absence of charges. The process of reinstating a license takes even more time as there are numerous requirements that have to be accomplished. An alcohol assessment, alcohol treatment if necessary, payment of reinstatement fee, driving exam and proof of special insurance are just among the many requirements.

Another harsh penalty for DUI offenders in the state of Washington is getting a permanent record of their offense that can affect their entry to other countries. If convicted, a person in a DUI case is immediately barred from entering Canada for at least five years. Tough penalty for such a misdemeanor, you bet but that’s the law and it has to be followed.

Article Source: http://www.ezinefinance.com

Stages Of A DUI Case

Driving under the influence is a common problem in almost every country. Unfortunately people still don’t want to understand the seriousness of such violations and or are just too confident. To give another vote for not drinking and driving we will present the stages of a driving under the influence case in this article and show how serious it is. The main factor considered during every DUI case is the history of driving under the influence violations, if you already had some violations, be sure that you won’t get even the simple things like bail very easy.

Stage 1 - Arrest
At the first stage the person is taken into custody by a police officer. In this case the officer can arrest a person if he personally observes a crime of has a probable cause to suspect the person. For example when strong indications of DUI are present, but a chemical test is refused or is not possible, the officer can arrest the person because of a probable cause. The person can also be arrested if a warrant on arrest has been issued.

Stage 2 - Booking & Bail
The Second stage is booking and bail. The person is taken to police custody and all the procedures like mug shots and fingerprints are made. At this phase a person can also be bailed out if the criminal history is okay.

Stage 3 – Arraignment
This is the key stage of every DUI case. At this case the defendant arrives in court for the first time, the criminal court judge reads the charges and asks the defendant if he or she pleads guilty, not guilty or no contest. Depending on the answer the case can be ended at this stage if the defendant pleads guilty or continue if the defendant pleads not guilty.

Stage 4 - Plea Bargain
At this stage the defendant can plea guilty and accept the charges (and receive smaller punishment if he pleads guilty). Most of the DUI cases end here, because if the governments’ evidence is usually strong there is no need to get to the trial stage.

Stage 5 - Preliminary Hearing
This stage is very rare for a DUI case, because mostly the case ends at previous stages.

Stage 6 - Pre-Trial Motions
The Pre-Trial Motions are standard in every DUI case. The defense and the prosecutor appear before the criminal court and discuss what evidence and which witnesses should be presented or excluded.

Stage 7 – Trial
The trial is similar to other cases like criminal cases for example. The arguments are presented by both sides and the jury has to define if the defendant is guilty or not. The only difference is only that most of the DUI cases do not reach the trial phase.

Stage 8 – Sentencing
Punishments in a DUI case depend on the consequences of the accident and can include: payment of fines, incarceration in Jail or prison, probation, suspended sentence, suspension of driver's license (it happens very often), community service and drug/alcohol rehabilitation.

Stage 9 - Appeals
If the individual thinks that the decision was unlawful, he or she can fill an appeal and try to argue the decision.

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DUI Records – How to Clear Your DUI Records

DUI records are comprised of information regarding the arrest of an individual due to driving under the influence of controlled substances or alcohol. If you have been arrested and filed with a DUI case, you are provided the chance to clear your records. This goes especially true if you want to keep a clean history and background for employment purposes. Through this article, you will be able to clear or minimize the effects of your DUI records. You will also have the chance to have your driver’s license back.

Clear Off Your DUI Records

A lot of individuals who have DUI records have no idea that they can actually clear their records. What is more, they do not know that they are given the chance to keep their bad records from appearing on background checks each time someone looks them up in databases. If you are one of these individuals, you now have an idea that you can clear your records. If your DUI record has been filed for many years already, you can have it cleared so your employment opportunities will not slip away. Conviction records due to driving under the influence of drugs or alcohol gives you a bad position in the society and in the eyes of the employers. This will ruin your chances of being able to land a job no matter your exemplary skills. If you have previous DUI records, make sure that you have it cleared.

Clearing Your DUI Records with the Help of an Attorney

If you have DUI records to clear, ask for the assistance of an attorney. A good lawyer will be able to help you clean your records permanently. If you want to hire an attorney, choose someone who specializes or knows how to handle DUI cases and records. There are a lot of lawyers within your state who act as defense attorneys for DWI or DUI cases. Aside from specializing in these types of cases, the attorney should also have a certification as an operator of breath tests. What is more, they should have certification as a trainer for SFST or standardized sobriety tests. With the help of the best state DUI attorney, you will have your DUI records cleared in no time.

Clearing Your DUI Records Yourself

Aside from seeking the help of a DUI attorney, you can also have your DUI records cleared on your own. This is possible by filling out forms. These are submitted to the public office handling your case. After having cleared your records from negative aspects, you can apply for a job without worrying that you will not get hired. Your employer will not have an idea that you have incurred DUI records. What is more, you will be able to have your license back if this has been taken away from you.

After you have your DUI records cleared, you might want to keep in mind that you should not commit the same mistake again. There are some individuals who forget that they have a reputation to uphold. They keep on driving even if they are drunk or have taken in substances.

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DUI Essentials Breathalyzers- Accurate or Not?

If you happen to be pulled over for a DUI, chances are you'll be asked to take a Breathalyzer test. There have been many studies that have shown them to be innacurate, regardless if you refuse the test in many states you could have your license suspended. Given the fairly inaccurate results, and the incredibly negative consequences of being convicted of false DUI it would seem there should be a greater public awareness of these issues.

Breathalyzers do not measure alcohol concentration directly, as does a blood test. Rather, they test for alcohol levels indirectly, by analyzing the chemical components in the breath of a suspected drunk-driver.

One problem then, is it really identifying alcohol and properly measuring the concentration? Most machines detect and measure ethyl compounds in the mouth and assume these compounds to be alcohol. False positives can be produced, especially in older breathalyzer models, when chemicals with similar structures of ethyl alcohol are mistakenly identified as alcohol.

There have been cases of people who have absorbed the fumes of paints or gasoline, such as painting a room over a day, and gotten a false positive. There have also been studies that have shown that the the yeast in bread and smoke from cigarrettes are more likely to exaggerate results.

Some studies have shown that diabetics have triggered false positives because of their acetone levels which is a result of their low blood sugar. Dieters and fasters have faced similar results. Some of these problems have been alleviated because of newer models of the breathalyzers, but no machine yet has proven failsafe.

Another potential issue with breathalyzer tests is the timing of the test. If you test a driver too early, you can get a false result. Because of the time needed to absorb alcohol it takes a while for the body to absorb the alcohol completely. The results can be artificially high based upon the higher levels of alcohol in the arterial blood that is measured by the breathalyzer.

The lungs use the arterial blood, and that is what shows up on the breathalyzer test. Because of this, the levels of alcohol might show up in a breathalyzer and yet the more accurate blood test will show much lower levels, because of the nature of how alcohol is absorbed.

For a driver suspected of DUI, the results of a breathalyzer test can be life-changing. It is imperative to remember that these tests are not infallible, and that false positives do occur.

A qualified DUI attorney can help someone determine whether or not their breathalyzer results are accurate and were obtained in a legal manner. Important decisions rest on the results of such tests, so it is equally as important to question their validity and accuracy.

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