Breath Test and I’ts Accuracy
August 30, 2010 by Arizona DUI
Filed under DUI, DUI tests
By Jonathan Stone -
It is incorrect to believe refusing to take a breath test when an officer requests that you do so on suspicion that you are driving with a blood alcohol content (BAC) above the legal limit has no long term consequences. As it turns out, in most states, every driver that receives a license gives “implied consent” to any such request made by a police officer. Refusing such a test can get you into more trouble than you were in previously, including having your license suspended on administrative grounds which can be very difficult to have reversed and can last longer than a suspension should you be found guilty of DUI. So it may be in your best interests to simply take the breath test. Because each state is different, you should consult a lawyer in deciding whether it is in your best interests to refuse such a test.
Even if you do take the test, there is still a chance that the test results will not be admissible in court. Over the past year there has been a fair amount of question called regarding the accuracy of a particular model of breathalyzer machines. The accuracy of the Intoxilyzer 5000 has been called into question by the Office of the Attorney General in Washington, DC and accordingly readings taken by this device were often not admitted into evidence. Other models of the Intoxilyzer have had even more interesting results (http://virginiaduilawyer.clarislaw.com/virginia-dui/virginia-breath-test-proven-unreliable.php#more). Additionally, there are often procedural and other grounds on which a dismissal of that evidence may be possible.
So taking the breath test and having it read above the legal limit does not automatically signal conviction (though if admitted into evidence, this can be very damaging). In some circumstances the admissibility of this evidence can be questioned, and even when it is admitted, the accuracy of the reading can be called into question. Besides, refusing to take the breath test could only get you into bigger trouble than you may already be in. You need a lawyer who understands the intricacies of the law surrounding DUI in the states where you were arrested. Finding the best DUI lawyer for you is your first step to getting the best possible result for the situation in which you find yourself. Do yourself a favor and make a good analysis of all of your options before making a final choice on who will represent you.
If your live in Baltimore or Maryland and were arrested for DUI visit our site to find the strongest Baltimore dui attorney for your case.
Jonathan Stone is an expert on the practical implications of criminal law. He lives in the Baltimore, Maryland metro area and writes articles for information hubs such as BaltimoreDUIlawyers.org and Virginia DUI Lawyer Virginia Blog.
Drunk Driving Facts – Think Twice Before Getting Behind the Wheel Buzzed
June 2, 2010 by Arizona DUI
Filed under DUI, DUI Court, DUI tests
It is very hazardous to drive a vehicle whenever intoxicated. Surveys suggest that the vast majority of individuals in the United States consider drunk driving to be among the country’s most significant social challenges, more critical than health care, homelessness, bigotry, and education. Most people in the US find drunk driving by others as a significant threat to themselves and their families.
The proportion of car incidents caused by alcohol is in reality not known. Alcohol-related crashes include things like mishaps that are plainly not caused by alcohol; as, for example, when a driver who has been drinking alcohol is stopped at a red light and rear-ended by a sober but inattentive driver.
At one time, over twenty-five percent of fatally injured drivers had BACs of at least.10. Certainly, alcohol was not a cause of some not known amount of these tragedies.
One death caused by alcohol consumption is one too many. Every single such fatality is a needless tragedy that permanently traumatizes several others.
The subject matter of DWI and DUI bears many myths which are merely false.
Using pennies may lower an individual’s BAC level. False: Using pennies or other copper has zero influence on alcohol breath tester BAC results.
Hypoglycemia will cause acetone in the breath, which the Breathalyzer will record as alcohol on the breath. True: Sorry to say, about one of seven motorists is diabetic and at an increased risk of false arrest and conviction for DUI/DWI.
Field sobriety testing, being based on scientific principles, accurately identify impaired motorists. False: A study showing police videotapes of individuals taking common field sobriety tests, and asking them to choose whether suspects were too inebriated to drive legally, reported incorrectly 46% of the time. The use of field sobriety tests resulted in judgments by the officers that were about as precise as a coin flip.
When you feel you have been wrongfully charged with a drunk driving offense, it is usually worth consulting with a law firm who deals with DUI defense near you.
If you have been charged with a DWI offense, do not speak to the police. Anything you say may be used against you during your case. Talk with a local San Antonio DUI attorney about your options.
Article Source: http://EzineArticles.com/?expert=Alan_Flemming

