DUI Crackdown: Report Drunk Drivers, Call 911 - OTS Reference - The Office of Traffic Safety, California Highway Patrol, and local law enforcement want everyone to drive safely and responsibly.
DUI offenders are eligible Thursday for new 'ignition interlock ... - DUI offenders are eligible Thursday for new 'ignition interlock license'
Thursday, April 23, 2009
Monday, April 20, 2009
Out of State DUI News
DUI Crackdown: Report Drunk Drivers, Call 911 - OTS Reference - The Office of Traffic Safety, California Highway Patrol, and local law enforcement want everyone to drive safely and responsibly.
DUI offenders are eligible Thursday for new 'ignition interlock ... - DUI offenders are eligible Thursday for new 'ignition interlock license'
Dui Acquital: Editorial confuses issue with misinformation ... - Dui Acquital: Editorial confuses issue with misinformation: (Scroll to view)
Three Ways To Commit Drunk Driving In Colorado
You can commit drunk driving in one of three ways: (1) driving while having a blood alcohol content above the limit set by law; (2) driving under the influence of alcohol or (3) driving under the influence of other drugs or prescription medications. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person drove a motor vehicle while their blood alcohol content (BAC) exceeded .08 (or 8 percent).
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. Often, the defendant has admitted that they had been drinking. Sometimes there are open containers in the car. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving.
The third definition deals with situations where a person drove a motor vehicle under the influence of drugs other than alcohol. Some cold remedies also contain alcohol. Other types of drugs such as sedatives, allergy medicines, and other prescription medications can impair your driving ability. This definition also includes situations where the person drove under the influence of illegal drugs as well.
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. Often, the defendant has admitted that they had been drinking. Sometimes there are open containers in the car. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving.
The third definition deals with situations where a person drove a motor vehicle under the influence of drugs other than alcohol. Some cold remedies also contain alcohol. Other types of drugs such as sedatives, allergy medicines, and other prescription medications can impair your driving ability. This definition also includes situations where the person drove under the influence of illegal drugs as well.
Wednesday, March 25, 2009
Five Reasons The Blood Alcohol Reading Could Be Wrong
You or someone close to you has been charged with Drunk Driving (DUI) or Driving While Ability Impaired (DWAI). When you were arrested, you were taken to the police station and had to blow into a "breathalyzer" machine. The machine then printed out a report showing your Blood Alcohol Concentration (BAC for short). Because of this machine here's what could happen to you:
1. Go to Jail
2. Pay A Substantial Fine
3. Lose Your Drivers License
4. Perform Community Service
5. Take Alcohol Education Classes
6. Undergo Court Ordered Therapy and Medication
7. Pay a lot more for automobile insurance (for at least the next 5 years)
8. Lose Your Job or become in-eligible to work if your job involves driving.
9. Have a Criminal Record
The "breathalyzer" machine could very well be wrong. Here's why.
Machine Error
Scientists and courts recognize an inherent error of plus or minus 1%. That means that if everything is working perfectly, a .08 BAC could actually be between .07 and .09. Since the punishments in Colorado vary according to the defendant's BAC, this error makes a huge difference. If a defendant's BAC is between .08 and .19, they can get probation without having to serve jail time. If it is .20 or above, they have to serve a minimum of 10 days in jail.
The manufacturer of the machines used in Colorado states that their machines are accurate to within plus or minus 3%. This has been acknowledged by courts across the country (see, for example, People v. Campos, 138 Cal.Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error).
Operator Error
The person operating the machine must follow all of the required procedures. The machine must be properly calibrated. Things like a defendant's breathing pattern, metabolism and body temperature have been known to change the results.
Non-Specific Testing For Alcohol
The machines in Colorado work by passing a beam of infrared radiation through the sample and measuring how much of it is absorbed by the sample. By analyzing the beam's change of wavelength, it can produce an absorption spectrum which shows the chemicals in the sample. The machine's computer then reads the spectrum to calculate the amount of alcohol in the sample. Alcohol DUI charges involve driving with an excess level of ethanol in your bloodstream. Other chemicals such as other alcohols, ketones, aromatic rings, and carboxylic acids can give similar readings.
Other Chemicals Can Fool The Machine
Studies have found that dieters and diabetics may have acetone levels hundreds and even thousand of times higher than those in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines. A Spanish study showed that metered-dose inhalers (MDIs) used in asthma treatment are also a cause of false positives in breath machines. Other substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE) a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found paint remover, gasoline and cleaning fluids, especially ethers, alcohols and other volitle compounds. It Could Be Your Metabolism
Your body uses an enzyme called Alcohol dehydrogenase (ADH) to break up harmful alcohols and turn them into Acetylaldehyde. There are seven different variations of this enzyme. Your version depends on your genetics. Some people have a very fast-acting enzyme while others metabolize it more slowly.
Also, the machine assumes that a person has 2100 units of alcohol in his blood for every 1 unit in his breath. This ratio is called a partition ratio and is different for each person. It can be as low as 900:1 or as high as 3500:1. If an individual's ratio is different, their BAC will also be different. If a person with a true blood alcohol level of .049 (not Guilty) and a partition ratio of 1300:1, the "Breathalyzer" will give a result of .09 (Guilty).
If you have been charged with an alcohol dui or dwai offense, you should contact an attorney to evaluate your case. In spite of what the machine says, you may not be guilty.
1. Go to Jail
2. Pay A Substantial Fine
3. Lose Your Drivers License
4. Perform Community Service
5. Take Alcohol Education Classes
6. Undergo Court Ordered Therapy and Medication
7. Pay a lot more for automobile insurance (for at least the next 5 years)
8. Lose Your Job or become in-eligible to work if your job involves driving.
9. Have a Criminal Record
The "breathalyzer" machine could very well be wrong. Here's why.
Machine Error
Scientists and courts recognize an inherent error of plus or minus 1%. That means that if everything is working perfectly, a .08 BAC could actually be between .07 and .09. Since the punishments in Colorado vary according to the defendant's BAC, this error makes a huge difference. If a defendant's BAC is between .08 and .19, they can get probation without having to serve jail time. If it is .20 or above, they have to serve a minimum of 10 days in jail.
The manufacturer of the machines used in Colorado states that their machines are accurate to within plus or minus 3%. This has been acknowledged by courts across the country (see, for example, People v. Campos, 138 Cal.Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error).
Operator Error
The person operating the machine must follow all of the required procedures. The machine must be properly calibrated. Things like a defendant's breathing pattern, metabolism and body temperature have been known to change the results.
Non-Specific Testing For Alcohol
The machines in Colorado work by passing a beam of infrared radiation through the sample and measuring how much of it is absorbed by the sample. By analyzing the beam's change of wavelength, it can produce an absorption spectrum which shows the chemicals in the sample. The machine's computer then reads the spectrum to calculate the amount of alcohol in the sample. Alcohol DUI charges involve driving with an excess level of ethanol in your bloodstream. Other chemicals such as other alcohols, ketones, aromatic rings, and carboxylic acids can give similar readings.
Other Chemicals Can Fool The Machine
Studies have found that dieters and diabetics may have acetone levels hundreds and even thousand of times higher than those in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines. A Spanish study showed that metered-dose inhalers (MDIs) used in asthma treatment are also a cause of false positives in breath machines. Other substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE) a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found paint remover, gasoline and cleaning fluids, especially ethers, alcohols and other volitle compounds. It Could Be Your Metabolism
Your body uses an enzyme called Alcohol dehydrogenase (ADH) to break up harmful alcohols and turn them into Acetylaldehyde. There are seven different variations of this enzyme. Your version depends on your genetics. Some people have a very fast-acting enzyme while others metabolize it more slowly.
Also, the machine assumes that a person has 2100 units of alcohol in his blood for every 1 unit in his breath. This ratio is called a partition ratio and is different for each person. It can be as low as 900:1 or as high as 3500:1. If an individual's ratio is different, their BAC will also be different. If a person with a true blood alcohol level of .049 (not Guilty) and a partition ratio of 1300:1, the "Breathalyzer" will give a result of .09 (Guilty).
If you have been charged with an alcohol dui or dwai offense, you should contact an attorney to evaluate your case. In spite of what the machine says, you may not be guilty.
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