DWI Lawyer

Reasons of why Breathalyzers Don’t Measure Alcohol

Anney — Sun, 05 Sep 2010 12:40:04 +0000

Are you surprised to see the title of the article? Yes it is true that breathalyzers don’t actually measure alcohol. The fact is that rather than measuring alcohol they actually detect and measure any chemical compound in which methyl group is present.

There are thousands of such compounds that contain methyl in their molecular structure, so there is a high probability of the presence of methyl group on the human breath. And this machine which is the one way to determine a person’s guilt or innocence on the arresting spot will detect all of those chemicals and show them as alcohol — and so it will show a report of high “blood-alcohol” concentration (BAC). This is actually a false report.

How the breathalyzers work?

“Infrared spectroscopy” is the technology that is mostly used by the breath machines in DUI cases. The process of testing DUI suspect with breathalyzer starts when suspect breathes through a tube connected to the machine and as soon as he breathes, a breath sample is captured in a small “sample chamber” present inside the machine.

Then the beams of infrared energy are passed through the captured breath sample. Some of the energy of the infrared energy beams will be absorbed by the methyl group containing compounds if they are present in the breath. The more amount of the chemical compound present in the breath sample, the more energy is absorbed by the beams. Less amount of infrared energy reaches sensors at the other end of the sample chamber if more energy is absorbed by the compounds. And the higher will be the “blood-alcohol” reading if lesser amount of energy is detected by the sensors.

What is the problem with the breathalyzers machine?

There is a problem in the detection of the machine as it is designed with such programming that it can simply assume that the chemical compound by which the energy is absorbed is alcohol. If there is a presence of any of these other compounds on a person’s breath, called “interferents”, he or she will get a falsely high BAC test result.

It doesn’t matter that whether the compound is alcohol or not but if the methyl group is detected on person’s breath then he or she is convicted for DUI. And if on his breath two or three of those compounds containing methyl group are detected then the machine will read a cumulative result, i.e. it will add them up and then give a false report of the total as the blood-alcohol level.

What kind of compounds can be treated as alcohol?

There are several kinds of compounds that can lead to false BAC readings in a DUI case as there are numerous compounds that contain methyl group. In one of the study of 8 men, 69 different compounds were discovered that contains the methyl group in their molecular structure. There are several studies that have in which hundred’s of compounds were found that contain methyl group.

What are these methyl group containing compounds? Am I having those on my breath?

Diabetic’s patients would get higher BAC level

Well, diabetic’s patients who have low blood sugar have the probability of having high levels of acetone — which is a compound which Breathalyzers treat as alcohol. And it has been revealed by the scientific studies that people on diets can have reduced blood-sugar levels, and this can cause the quantity of acetone hundreds of times higher than what is found in normal individuals.

Smokers would get higher BAC level

Smokers usually get breathalyzer result most probably higher than expected. The compound acetaldehyde — which is treated by the Breathalyzer as “alcohol” — is produced in the human body as a by-product in metabolizing consumed alcohol, and this compound passes into the lungs and breath.

It has been discovered by the researchers that in smokers, levels of acetaldehyde in the lungs can be 30 times higher as compared to the non-smokers. As a result of this smokers would get higher BAC readings on the machine.

Those exposed to industrial compounds would get higher BAC levels

And now let’s talk about the industrial compounds. The methyl group is present in paint, glue, gasoline, thinners, and other compounds contain. These compounds are readily absorbed through your skin or remains in your lungs if you have inhaled its fumes and as a result of this you will have higher levels of the chemical in your body for hours or even days.

So if in the last day or two you have painted a room or have used some gasoline somewhere then you should never breathe into a Breathalyzer as in this case it will definitely show higher BAC Levels.

Some law enforcement officials ignore the scientific aspects of this problem

It is believed by some law enforcement officials that this is not a problem, and the reason they give for their denial is that it is important that levels of the compound would have to be at toxic levels in order to raise a breath test result to .08% or higher.

The partition ratio

These officials are not actually accepting the scientific proofs that point against what they say— specifically, the partition ratio. This is actually the ratio of the compound that is present in the breath to that amount found in the blood.

If we talk about ethanol, then its ratio is 2100-to-1, which means that, on average, for every unit of alcohol found in the breath, there will be 2100 units of alcohol in the blood.

The same ratio is used by these officials for all compounds, but this should not be done as every compound has its own ratio.

At last I can only say that breathalyzers are not the perfect machines to judge a person to be guilty or innocent. Breathalyzers cannot detect the alcohol with accuracy, so there results should not be taken as a proof of someone’s being convicted for DUI. As the person may not be guilty and the machine is showing wrong results!

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How To Fool The Breathalyzer Test

Sohaib — Sat, 04 Sep 2010 13:25:05 +0000

All those who have the Breathalyzer device would always wish of fooling it and generating a false result. Well, its not difficult, just vary your breathing pattern. Once you have being found guilty for DWI, the law enforcement agency would make you have a Breathalyzer device with you to check if you are innocent or guilty. However, this device is not the most reliable one. Yet another example of that unreliability is the fact that the results will vary depending upon the breathing pattern of the person being tested.

Most people always wish to fool the device. However, a group of men drank moderate amount of alcohol and their blood alcohol levels were then measured by gas chromatographic analysis of their breath. The breathing techniques were then varied to check if there was any affect on the BAC result. It was found that if you hold your breath for 30 seconds before exhaling, the blood-alcohol concentration is increased by 15.7%, if you do it for 20 seconds immediately before the analyzes of breath then it showed a decreased blood-alcohol level by 10.6%.

If we further look at this then it could be said that the first part of your breath discarding the dead space has an blood alcohol concentration much lower than the guilty level set for BAC result. On the contrary, the last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. The last part of the breath can be over 50% above the alcohol level.

Officer of the law enforcing agency are often aware of such drawbacks because of which they ask you keep breathing into the device because if they hold you as a suspect and the Breathalyzer shows a result otherwise, then it won’t look good on them. Therefore to make sure the result is correct they yell at you often.

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Alcohol Not Measured By Breathalyzers

Sohaib — Fri, 03 Sep 2010 19:05:19 +0000

Breathalyzers don’t work as a tool to measure the level of alcohol content, what it does is that it helps in detecting and measuring any chemical compounds in their molecular structure. Such compounds are often found in human breath and this machine just helps in determining whether you are innocent or guilty.

It would depend from one state to another for which machine they use, however most states now use the infrared spectroscopy. Under this machine the suspect has to breath into the tube which captures your breath in a small chamber. Then the infrared break are then shot through the captured breath sample. If there are any compounds found containing methyl group then the more of the chemical compound in the breath sample, the more energy is absorbed. The more energy that is absorbed, the less infrared energy that reaches sensors at the other end of the sample chamber. And the less energy that is detected by the sensors, the higher the “blood-alcohol” reading.

However the problem of this machines is that it is designed to simply assume that the chemical compound absorbing the energy is alcohol. If for instance one individual has these compounds in his breath then is will get a falsely high BAC test result. The question arises so what kind of compounds could be found on a person’s breath which could cause a false BAC reading. A study showed that 69 different compounds containing the methyl exist.

Further on, according to the San Diego DUI attorneys, people those who are diabetics with low blood sugar are most likely to have have high levels of acetone which is classified under alcohol by Breathalyzers. Scientific studies have also found that people on diets can have reduced blood-sugar levels, causing acetone hundreds of times higher than found in normal individuals. Also if you are a smoker, then your BAC result is definitely going to be high because it would contain methyl content which is produced in the human body as a by-product in metabolizing consumed alcohol, and eventually passes into the lungs and breath. Researchers have discovered that levels of acetaldehyde in your lungs which is considered as alcohol by breathlyzers can be 30 times higher in smokers than in non-smokers. Hence, resulting in a higher result on the BAC.

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Duration of DWI On Your Driving Record

Sohaib — Wed, 01 Sep 2010 16:48:14 +0000

Wondering for how long would the DWI stay on your record? Well that would depend on a few factors. During DWI on your record, there would be certain situation where you would have to show your driving records. This might be true in the case of you looking for new job where your employer might want to give you a company vehicle. For this they would want to make sure that your record is clean.

The discussion of some factors which decide of your DUI duration would vary from one state to another. For instance in one state, your DUI could stay on record for a number of number of years while in the other state it might be there for forever. Therefore getting rid of it is just not true. If you are lucky enough then you as well get away with your DUI record in that state permits you to do so. For this you would have go to the department of motor vehicles to figure out the process for the removal of DUI from your record. This would require some paper work to be done for which you also hire a attorney who could look into your matter on your behalf. It’s necessary to keep a check of your driving record because most people don’t even know what exists on their driving record. Besides that, do not let a DUI conviction control your life forever. After doing the paper work, submit it the required time.

In order to view your driving record, you would have to go down to your local DMV and provide a request for the copy of your record which would require you to fill out a small form and prove your identification. For this you would be charged a nominal fee. Viewing your record is recommended that you know what you have collected on it during your driving period and what all needs to be done to clear it.

However, if you still cannot figure out how to go about this process and clear your record then you would have to hire a DUI attorney as mentioned previously who could help you in your cause.

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New Drunk Driving Law

Sohaib — Tue, 31 Aug 2010 16:18:00 +0000

Most people tend to ignore this fact and yet go onto repeat their mistakes; drink and drive. This combination together is a problematic issue and in the state of Louisiana, the republican representative from LaPlace, Nickie Monica, will make sure that the second time offenders of DWI get punished severely.

Prior to this bill, a second time offender of this offense was allowed to drive if they got permission from the department of motor vehicles who would grant a restricted license. This restricted license means that you could only driver to certain places such as work, church or in any medical emergency.The Louisiana Department of Motor Vehicles declares such a license as a “means to earn a livelihood or to maintain the necessities of life.” The one factor which needs to considered is that you are required to install the ignition interlock device which would make sure that you do not drink and driver again. However this could be faked as a person driving could ask his or her friend to blow in the device which would get the vehicle started. For this very reason, drinking and driving has continued to plague the state of Louisiana.

After the bill is passed, the second time offender would not be granted a restricted license, however they would be suspended for a period of 45 days. The reason for this is the statistics of the state which showed that it has the 11th highest drunken driving fatalities rate in the nation with over 912 people being killed due do drunk driving. The 45 day period could not be made any less, however, if you go onto being convicted thrice then your license would be suspend up till a years time.

There are multiple charges which could be levied upon you such as negligent vehicular manslaughter and drinking and driving, as well as driving under the influence. However the state might not hold back the vehicle till the person arrested is under 0.08% of blood alcohol. The person may also damages to those who are recoverable in a wrongful death action only if they are found to be be twenty-five percent negligent as a result of being intoxicated.

To sum the new bill up, it will prohibit the repeated offenders for driving for a long period of time whether they earn the right for the restricted license or not. The two time offender will have to wait for a period of 45 days whereas a offender of third time might have to wait for a period of one year. They might also be charged with heavy fines and bans from driving. Therefore, these strict rules would only for those who love to jeopardize things for themselves and the state.

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Consequences of Breathalyzer Refusal

Sohaib — Mon, 30 Aug 2010 17:05:05 +0000

If you have been driving under influence (DUI) then you may be asked by the police officer to submit to a breath test or urine test to determine their blood alcohol content. If you refuse to appear for the breathlyzer or blood test then there might be seperate charges against you besides the DUI offense for which most have laws which specificly define the stirict penalties for anyone refusing to appear. To further make you case better, you might need to speak with a specialized DUI lawyer who could handle your case in your favor as even if you refused the test, you may still be convicted of a DUI.

More Penalties for Breathalyzer Refusal

Due to higher level of refusals, most states have revised their laws as they should to provide for stricter DUI penalties for blood alcohol content test and Breathalyzer refusal. According to the most recent data collected by the National Highway Traffic Safety Administration, the rate of refusal nationwide was about 25%, with one state’s refusal rate at 85%. However, as of 2006, 19 states have additional civil or criminal penalties introduced for blood alcohol content test or breathalyzer refusal. The main reason behind doing this is to make the cost refusal very high so that the victim complies with the tests in the first place rather than refusing it. These additions of penalties might hefty fines, insurance surcharges, suspension or revocation of vehicle registration and jail time.

State Penalties for Breathalyzer Refusal

States such as Alaska, Minnesota and Nebraska might give you jail time for your first refusal, however with states like California and Vermont, drivers cant be sentenced up till 2 year of imprisonment upon refusal. In the cases of fines, they might reach up till $10,000, not including court costs and increased insurance rates. In New Jersey, there’s a $3,000 insurance surcharge for a first offense refusal, and that number increases with subsequent offenses. You might also be required to take part in the alcohol treatment programs in places such as New Jersey and Rhode Island.

DUI Conviction is Still Possible

If you refused a breathalyzer or blood alcohol content test then you might be convicted and proven guilty. This maybe done by looking for evidence such as smell of alcohol observed by the arresting officer, erratic driving, failure of field sobriety tests, the officer’s observations of your speech and demeanor, witness testimony or the presence of open alcohol or empty alcohol containers in your vehicle can be used against you in court.

Therefore, if you wish to refuse for the tests then you might severe penalties. It is recommended to speak to your DUI attorney of your state if you’ve been charged with DUI and refused a chemical test. It is mandatory that you should know the potential penalties and possible defenses before you appear in court.

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Facts To Remember About Drunk Driving

Sohaib — Sun, 29 Aug 2010 19:13:47 +0000

Drunk driving is a common occurrence, but it is also one that could leave you in bad legal problems, if you are not careful about a few points. If you’re caught in a drunk driving case, don’t forget these important points.

Remember that drunk driving is criminal offense

Most people tend to ignore the fact that drunk driving is a criminal offense but many think that being arrested under this is not really any different than a traffic citation. However, this isn’t true. Offenses that are civil infractions carry no significant penalty other than just a mere suspension of the license of a nominal fine. Whereas, a conviction for a drunk driving offense will result in a criminal record being lodged against you and you can potentially receive significant fines and a jail sentence or term of probation.

Remember that you have constitutional rights

The first and foremost fundamental right which you need to remember is to stay silent while the police questions you. If you have been drunk driving then the police will ask you if this is true, most people tend to answer this honestly while others choose not to. However, if you have been drinking then the best strategy to go about this is to deny that you aren’t drunk. First, depending upon how much alcohol you claim to have consumed, your admission alone may constitute “probable cause” to arrest you and give you a breathalyzer test. Second, some jurisdictions allow you to be charged with an impaired driving offense even if your blood alcohol content is below the legal limit.

Others right might vary from state to state, however, most jurisdictions do not permit you to demand your attorney to be present before you submit to a Breathalyzer test.

Remember that you face separate driver’s license sanctions

Administrative penalties would also be applied on you besides receiving the criminal charge. As mention earlier, law varies from state to state, therefore, you might receive a paper license if you driver’s license has been taken away while in other states they might take away the license plate of your vehicle and issue you a paper one. After conviction, you will almost inevitably face a suspension of your driver’s license. For this you will have to fight for your license or maintain a restricted license so that you could drive to work. In some states, you may have to challenge the administrative penalty shortly after arrest, and if you do not do so you may be subject to driver’s license sanctions even if you are ultimately acquitted of the drunk driving offense.

Consult an attorney

The best way to get out any difficult position is to consult your lawyer to make sure that all your rights are protected. This lawyer should be one who practices drunk driving defense law. It would be highly recommended that you consult a specialist as lawyers will claim to offer broader criminal defense services, including drunk driving defense, those attorneys who choose to specialize in drunk driving will best know how to defend you against the charges, how to challenge any breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license. They might also know who the judge is and might have contacts with the judge in helping you guide of what your conviction would be.

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Important Drunk Driving Terms

Sohaib — Sat, 28 Aug 2010 19:24:37 +0000

There are some terms which are used often in drunk and impaired driving cases:

DWI – Driving While Impaired
DUI – Driving Under influence
OMVI – Operating a Motor Vehicle while Impaired
OUI – Operating Under the Influence
OUID – Operating Under the Influence of Drugs
OUIL – Operating Under the Influence of Liquor
OWI – Operating While Impaired
UBAL – Unlawful Blood Alcohol Level

There are some tests also which are carried out through the testing devices mentioned below:

BAC Datamaster

This is a breath analysis device which produces an estimate of blood alcohol based upon infrared spectroscopy. These devices are designed to be low-maintenance, and relatively easy to use. However, they are not foolproof, and mistakes may occur in calibration, maintenance and storage, operation and use of the devices.

Breathalyzer

This is a test carried to check whether the person is DUI, if the test is positive then they aren’t allowed to drive however, if its negative then they are allowed.

Intoxilyzer

A breath analysis device which produces an estimate of blood alcohol based upon infrared spectroscopy.
Intoximeter

This device is based upon fuel cell technology, infrared spectroscopy, or a combination thereof. Fuel cell technology involves the chemical analysis of a breath sample, to create a measurable electrical reaction which provides a measure of breath alcohol concentration.

PBT

Preliminary Breath Test, a PBT device is portable in nature, and is often carried by police in the field. PBT devices provide an estimate of blood alcohol concentration. However, due to the nature of the devices and the circumstances under which they are used, PBT results are not ordinarily admissible in court except under unusual circumstances.

Apart from the above mentioned, there are field or roadside sobriety tests which are used to establish probable cause for administration of a preliminary breath test, or for a drunk driving arrest and administration of a formal breath or blood test. These include the following:

Horizontal Gaze Nystagmus

This is the process of involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. The police officer would move some objects in front of the guilty and if there is jerk in the eye movements then that means the person is under influence.

Walk-and-Turn

A suspect is instructed to take nine steps along a straight line, walking heel-to-toe. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction.

Walking a Line

A suspect is asked to walk a straight line. This should occur on a flat, even surface, at a safe distance from traffic. The officer looks for signs of impairment including beginning before instructions are completed, swaying or staggering, using arms to balance, and stopping walking to regain balance.

Standing on One Leg

The suspect is instructed to stand on one leg, with the other foot suspended approximately six inches off the ground and count aloud by thousands until instructed to put the foot down. The officer times the suspect for thirty seconds. The officer looks for indicators of impairment, including swaying while balancing and using arms to balance.

Reciting the Alphabet

The suspect is asked to recite the alphabet, sometimes backwards. This test is not particularly accurate, and may not be appropriate for suspects for whom English is not the primary language.

Finger to Nose

The suspect stands, usually with the head tilted back and eyes closed, with arms stretched out to his sides. The suspect then attempts to touch the tip of his index finger to his nose, first with one arm and then the other. This test can be difficult to perform even when sober, without practice.

Counting

The suspect is asked to count to see if they skip and they also asked to count backwards to check their attention span.

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What is Ignition Interlock System?

Sohaib — Thu, 26 Aug 2010 19:18:55 +0000

As required by the law following DUI conviction, a breath alcohol ignition interlock system needs to be installed on the dashboard of your vehicle which is a breathalyzer. Under this the ignition interlock system, before you start your vehicle you need to blow into the BAC tester. That would test whether you are under the influence of alcohol or not. If you are under the allowed limit then the car would start and you could operate it normally. However, if you exceed the allowed limit then the starter on the car will lock and the driver won’t be able to drive it.

These devices are only issued to you if you have been already been charged for DUI. However you might also be forced to pay for the installation and the operating fees for this device which might cost you a few hundred dollars.If you were previously charged with a DUI and are worried about having to use this system then you might have to consult a DUI lawyer who might help you with your case.

Ignition Interlock Systems and State DUI Laws

Laws tend to vary within the United States, in one state you might be asked to use this device on your first conviction where as in other states you might be asked to use it after multiple charges. However, now most states require the ignition interlock system after the first DUI. This system may be required if your first DUI meets certain standards such a your BAC test shows results above the accepted level, injury or death cause while drunk driving or a breathalyzer refusal.

Suspended or those licenses placed under restriction will often require you to install the ignition interlock system. For safety reasons people might also voluntarily make use of this system for instance in case of companies with extensive driving fleets or certain school distraction.

Cost of an Ignition Interlock System

The cost of the ignition interlock system might vary, if you rent it then it might be between $70 and $100 a month plus tax. Apart from the rent charge there is also an installation fee which has to be paid and that is between $100 and $200. Under this, the maintainence and data downloading fee might also be covered.

Bypassing an Ignition Interlock System

Often people tamper with legal laws and this might be true for the ignition interlock system that people might try and tamper with this to show wrong results. Therefore this device is built with resistance against tampering. The device is programmed in such a manner that it will lock the vehicle and report any actions such as refusing to take a rest and tampering with the device.

In order to further prevent fraud, the device requires you to make a humming sound while blowing air into it so that any fake machine making same sound could be caught. Advancements have also been made that now pictures of the driver are being taken while blowing air into it. People might also make sure of their sober friends to give the test on their behalf to fake the results, therefore the random tests if refused to give will cause the headlights and taillights to flash and horn will sound obnoxiously until the driver performs the test. If such tampering occurs then the device will record the data and this would be sent to supplier who would forward the information to the court.

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A DUI Conviction Can Affect Your Insurance

Farah — Wed, 25 Aug 2010 19:33:00 +0000

When convicted with a DUI case, you do have a lot at stake, especially related to your car insurance. A DUI case or arrest means a specific fine, money for hiring attorneys, probation, jail (in extreme cases) and a suspension of your driver’s license.

As it is with the US rules, it is very difficult to get out clean after a DUI conviction arrest. Your insurance company will be notified of the arrest as soon as you’re asked to fill a DUI SR-22 form obtained from the auto insurance company. The form is a proof showing the Department of Motor Vehicles (DMV) that there is valid liability insurance incase of any incident and that the institute may remove the license suspension.

However, note here that this piece of paper work requires at least 3 to 5 years to be filed and accepted by the DMV.

In case where there is no SR-22 policies in a specific automobile insurance company, your insurance may be cancelled after a DUI case. Major DUI conviction cases may be difficult to avoid, but small,minor issues can easily be surpassed by insurance companies as a majority of them do not keep track very regularly.

Remember though this surpass could be only for the time being, as even if years later this case comes into notice, you will be facing raised insurance rates. But once you are caught to be a DUI convict, you will automatically be placed on as a high risk driver and insurance will become increasingly high and in some cases get cancelled altogether.

If a DUI case gets severe, it will not only affect your car insurance policy, but also lead on to your life insurance premiums. One break of rule could lead you to all these disasters, so it is strictly advised never ever drink and drive, especially in the US.