The Facts About Forced Blood Tests During a DUI Stop

September 7, 2011 By Leave a Comment

By Pat L Johnson -

There is a trend among police departments across the U.S. to force DUI suspects to have their blood alcohol content (BAC) measured. Since BAC evidence is generally the most powerful evidence to support a DUI conviction, many jurisdictions are going the extra mile to get it.

During “No Refusal” campaigns, drivers who are suspected of DUI are given an ultimatum. They may submit to a breath test to measure their blood alcohol content, or they will be forced to give a blood sample for testing. After a motorist is given the choice and still refuses to take a breath test, a warrant to obtain a blood sample is immediately obtained. Judges are on standby to sign the blood draw warrants.

In some jurisdictions that allow forced blood draws on DUI suspects, the officers do the blood draws themselves, rather than taking suspects to the hospital for blood draws by trained medical professionals. Although there has been at least one lawsuit filed because of this practice, it has become more common to allow officers without adequate medical training to draw blood from DUI suspects.

Scripps News reported an Arizona man filed a lawsuit after allegedly developing a persistent infection at the site of a blood draw performed by a Pima County sheriff’s deputy. Under Arizona DUI laws, suspects must submit to blood alcohol content testing or lose their driver’s license for one year. The officer makes the choice whether to take a breath or blood sample and the driver has no choice.

As DUI lawyers can more easily challenge breath test results, law enforcement departments have become more aggressive with no refusal events and policies. Blood alcohol testing done with a blood sample is far more reliable and not as easily refuted in court.

However, when the arresting officers take forced blood samples at the roadside, there is a greater risk to the health of DUI [http://www.totaldui.com/overview/default.aspx] suspects. As no refusal policies become more common, more personal injury lawsuits are likely. Regardless of the disposition of a DUI case, if a suspect is injured or becomes ill due to a forced blood draw; taxpayers may wind up footing the bill for medical expenses and punitive damages.

I believe in protecting people’s rights. This includes the rights of anyone accused of a crime, even DUI [http://www.totaldui.com] and DWI. The DUI laws in every state are complex and nuanced. Knowing your rights and the laws will help you make better decisions – decisions that could have a big impact on the rest of your life.

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Filed Under: Arizona DUI Laws, DUI, DUI tests

Breath Test and I’ts Accuracy

August 30, 2010 By Leave a Comment

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.

Filed Under: DUI, DUI tests

Drunk Driving Facts – Think Twice Before Getting Behind the Wheel Buzzed

June 2, 2010 By Leave a Comment

By Alan Flemming

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.

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Filed Under: DUI, DUI Court, DUI tests Tagged With: , , , ,

Alcohol Test to Control Drunk Driving

February 7, 2010 By Leave a Comment

By Anne Hamilton -

The holiday season is considered to be one of the most hectic times for police and traffic departments due to the significant increase in impaired or drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), there are more than 1000 people in America who are killed across the country in highway crashes between Thanksgiving and New Year. Despite the various campaigns that have been run by parents, social workers, activists and police departments, alcohol abuse and drunk driving do not seem to reduce among teenagers and adults. While there are some who are aware of the dangerous consequences and abstain from driving when drunk, guards seem generally down during the festive season between Thanksgiving and New Year.

Here are some tips that can help you stop drunk driving around you during the holiday season.

-    Have a word with your teenagers and explain to them that drinking and driving shall not be tolerated. Make sure that you purchase an alcohol test that can be used at home and convey the message loud and clear to them.

-    If you are hosting a party, then you should set the rules about alcohol abuse and driving when drunk upfront. If you feel that most of your guests are likely to drink through the night, make some provision for sleepovers.

-    The other thing to do is to designate drivers in your group. You’ll probably have more than one party this holiday season and you can always take turns among your group of friends.

-    If you are a worried about the safety of your friends, you could also carry a small alcohol test with you that can be used on the spot to determine whether someone is fit for driving or not. The alcohol tests that you can buy over the counter or online are non-invasive and easy to use. While some alcohol tests are breath analyzers, other may require a saliva sample.

-    If you want to help in keeping the roads safe for yourself and your loved ones, call in the local law enforcement authorities and let them know where a dangerous car that you’ve spotted was headed. Drunk driving is not only harmful for those driving the car but also for innocent pedestrians and other vehicle drivers on the road.

-    If you feel that someone is about to drive home and you feel that they are drunk try and convince them to take some form of local/public transport. Use an easy to use alcohol drug test like a breath analyzer to help prove to them that they are not fit for driving.

Many lives can be saved if we are only careful about the kind of danger that happens on the roads when people drink and drive. This kind of alcohol abuse can only stop if we are conscious and aware of the devastation such incidents can cause in the lives of people. The use of alcohol tests to ascertain drunk drivers should be encouraged so that the law can be upheld and enforced properly.

Anne Hamilton of Home Health Testing, an online home health, alcohol and drug screening business, is the author of this article. You can learn more about alcohol tests by visiting our Alcohol Test page.

Article Source:  Alcohol Test to Control Drunk Driving

Filed Under: DUI, DUI tests Tagged With: , , ,

DUI Charges

November 4, 2009 By Leave a Comment

By Matthew Burns –

DUI charges are incurred when a person is caught drunk driving. It is a record that the person has been charged with an offense – but it does not necessarily mean that they were found guilty. If a person is the found guilty, it will be entered into their criminal record and become a public record.

The record of a charge is kept by the police, as it will be useful in future investigations. So it is useful, but in itself it proves nothing.

So, what leads to DUI charges? To be charged, a person needs to be driving under the influence of alcohol. This means that the individual has consumed a quantity of alcohol considered to be sufficient to impair his or her judgment, and is driving a vehicle. It is important to note that the person’s driving can be perfect, and they can still face this charge.

This happens when the police press “par se” charges. They can only do this if there is a record of a person’s blood alcohol levels, so other tests do not count.

Following a successful conviction for DUI charges, many first time offenders will be required to attend AA meetings or special classes. In some cases, a breathalyzer may be attached to their car’s ignition to prevent the car from starting when they have consumed alcohol.

As a criminal conviction enters into the public records, it is possible for people to search for and find DUI charges. Usually, this would require them to contact the local courthouse where the offense was tried. However, there are websites that allow us to search for this information nationwide. m your record.

To find out more about this, click on the link below. Also, there is a simple guide that is available online that shows you how to clear DUI charges fro

Matthew Burns has researched the best people search methods. [http://www.checks-search.co.uk/]Click here to see the site he recommends for DUI charges.

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Is a DUI a Felony? Find Out If You Will Be Charged With a Felony!

October 9, 2009 By Leave a Comment

By Tom Macinaw

Have you been arrested for drinking and driving and you want to know whether or not you are going to be charged with a felony? What could happen if this ends up being a felony? There are some things you need to consider and know before you answer the question, is a DUI a felony? Here is what you must know in order to answer this question.

First off, not all DUIs are felonies. They always start as a felony or a very high class misdemeanor, but that is not what you normally end up pleading to. When you are charged and you hire a lawyer they will counsel you in the right direction to get you the minimum penalties for your crime. This is what you need to begin with the answer to, is a DUI a felony?

Second, when you ask the question, is a DUI a felony, you have to understand the other charges that are going along with your arrest. There is usually some type of traffic violation, a charge for how high your blew on the breath test or for not blowing at all, and the actual DUI. This gives the lawyer room to negotiate for you and try to get you to plead to one of the lesser charges or to a lesser DUI charge.

Last, if you end up having to accept the DUI as a felony you will have to serve jail time and it could be as much as 5 years. You should also know that if it is not your first DUI there are stricter penalties and this is when it could really end up being a felony. This is exactly what you do not want so make sure you get yourself a great lawyer to help you out. [http://www.free-offer-sites.info/DUILawyer/DUILawyer.html]Click Here Now to discover the [http://www.free-offer-sites.info/DUILawyer/DUILawyer.html]Best DUI Lawyer in your area!

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Are Mandatory Drunk Driving Blood Tests Unconstitutional?

July 1, 2009 By Leave a Comment

By Jayson Diluth -

In Dallas Texas a very controversial method of enforcing drunk driving had spawned about a year ago that caused many DWI attorneys to throw their arms up in the air. For all drivers suspected of driving under the influence who refuse to blow into a breathalyzer can automatically have blood drawn to determine if there was any alcohol in the blood stream.

This is done against a drivers will by an on duty judge that is able to sign and execute a warrant instituting the mandatory blood test. This type of approach has had many Texas DWI defense attorneys a bit upset stating that this violates a human beings constitutional rights and violates an unreasonable search and seizure of personal evidence. This has been a very controversial approach to determine if someone has been drunk driving in Dallas Texas. It was only done on select few nights and common drinking holidays because it required an actual judge on duty to actually sign the warrant to allow medical staff to proceed with the blood test. Many questions have been raised with this type of action. Since any blood immediately becomes trial evidence it is important by law that it be handled correctly and not compromised in any way. Compromised blood samples could sway a jury to go in either direction and trigger a less desired outcome for the driver.

You can see how this type of approach would be deemed questionable by many in the community. County prosecutors think differently about this topic. It helps them easily close cases and get convictions without a lot of challenges in the courtroom that could get a case dismissed for whatever reason. County prosecutors are feverishly scrambling to have this legislation approved in order to be executed much more frequently. One of the biggest steps to getting this done will be to have not just a judge that can order the blood test but other high ranking individuals. Having a judge on staff every night is very costly for any city or town. Is it unconstitutional to force and individual to give blood? We will have to wait and see how this type of effort pans out. With more and more states really cracking down on drunken driving laws and drivers we will be sure to see this type of approach spread amongst other cities if it gets approved in Dallas Texas.

Jayson Diluth is an office manager for Texas Criminal Defense Lawyer which is a website dedicated for those seeking a criminal defense attorney in the state of Texas. The attorneys of My Texas Defense Lawyer.com are all dedicated, experienced lawyers who work almost exclusively on criminal defense cases in the state of Texas.

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DUI Information – Why Field Sobriety Tests Don’t Necessarily Reflect Your Ability to Drive a Vehicle

June 10, 2009 By Leave a Comment

By Christopher Small -

We’ve all seen them. On television, in the movies, on the internet, and sometimes even in person. Field sobriety tests. We are made to believe they let police officers know the average Joe is too drunk to drive his car. Typical tests include horizontal gaze nystagmus (otherwise known as HGN), walk and turn, one leg stand, counting backwords, touch your nose, and say the alphabet. If you’ve never seen a police officer give the tests, you probably performed them in college at a fraternity party. But what do they really show? Read on to find out, not a whole lot.

To hear a police officer tell it, the failure of field sobriety tests is concrete evidence that someone is too drunk to drive. If you can’t walk nine steps heel to toe and turn around and take nine more steps you must be drunk, right? Wrong. In reality field sobriety tests tell police officers one thing – the probability that someone is too drunk to drive – and this is only if the tests are performed under ideal testing conditions. Let me give you an example.

Let’s say you are driving around in Seattle, Washington, minding your own business. It is late at night and you get lost, end up on the 520 bridge, and end up trying to turn around in Kirkland. At that time a Kirkland police officer pulls you over for failing to turn in a perfect half circle (or some other arbitrary violation) and asks if you’ve had anything to drink. Because you haven’t you respond in the negative. This is when the officer asks you to take the field sobriety tests – I mean, if you haven’t been drinking you should be able to pass them right (even though in Seattle and Kirkland and everywhere else in Washington State you can refuse to take field sobriety tests as part of your constitutional right to remain silent).

He asks you to conduct three tests: the walk and turn, the one leg stand, and the horizontal gaze nystagmus tests. You comply and do your best, and he lets you know that you are under arrest for DUI and need to come down to the station for a breath test! How did this happen? There are a couple of reasons. First, the officer has a predisposition to assume you are drunk. He is, after all, a police officer. He wouldn’t ask you to take the field sobriety tests unless he already had some suspicion that you were drunk driving. Second, even if you do all the tests stone cold sober, there is about a 17% chance that you will have been found to have failed! And that is under ideal testing conditions!

Tests conducted using field sobriety tests found that the walk and turn tests showed a correct assessment 75% of the time, the one leg stand 75% of the time, and the HGN 81% of the time. If you did all three together, you were likely to correctly assess whether or not someone was actually too drunk to drive only 83% of the time. This is why they have the breath test (whose accuracy is also questioned, though, admittedly with a different type of error and error rate) – field sobriety tests really don’t work that good at all.

Christopher Small is a Seattle DUI lawyer and Seattle criminal lawyer with CMS Law Firm LLC. He works hard to fight for the rights of his clients. If you have been charged with a crime in the Seattle area, please give him a call today.

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Drunk In Charge Of A Vehicle – Don’t Be Caught Out

November 13, 2008 By Leave a Comment

By Richard M Jenkins

It is common knowledge that to drive on a UK road with excess alcohol in your system, more than 35 micrograms of alcohol per 100 milliliters of breath, in a criminal offense.

Anyone convicted of driving with excess alcohol in their system will be disqualified from driving for a minimum of 12 months. If the person has had a similar conviction within the last 10 years then the driving disqualification will be for a minimum of three years.

The total length of the ban will depend on several factors the most important being the amount of alcohol within the system. As the minimum disqualification is mandatory any hardship such as loss of employment due the ban will not be taken into account.

Certain “special reasons” however can be used to argue against a disqualification. For example maybe the driver in question has moved their vehicle only a short distance, from roadside to driveway or may have been dealing with a true emergency. Although technically this is enough to warrant prosecution it may be possible to argue “special reasons” not to disqualify. Such “special reasons” however can not guarantee a ruling against a ban. The law here is complex and each case can only be judged on a case to case basis.

It is not so widely known that a driver can also quite easily be prosecuted for being drunk in charge of a vehicle. The law states that anyone who is in charge of a vehicle on a road or other public place having consumed excess alcohol is guilty of this offense. This can lead to a discretionary ban, a fine or ten penalty points. You can be charged with this offense for simply having the keys to a vehicle whilst having excess alcohol in your system. This means if you sleep in a parked car whilst having consumed excess alcohol you can be charged. Even sitting in your car with excess alcohol in your system is enough to get you arrested. You only defense if you are arrested for this is to prove that there was no likelihood of you driving the vehicle whilst excess alcohol was still in your system.

These two offenses can be committed either on a road or other public place. This means any area the general public have access too. This could be pub car parks or shopping car parks. Even private roads have been held to be “other public places”.

For more driving advice see the http://www.driving-test-success.com driving test and driving schools website. A site for learner drivers providing guides on topics such as the http://www.driving-test-success.com/theory/theory_test.htm driving theory test and http://www.driving-test-success.com/passed/car_insurance.html cheap young drivers car insurance.

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Filed Under: Arizona DUI News, DUI tests Tagged With: ,

Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges

November 13, 2008 By Leave a Comment

Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defensive driving schools which have courses approved by the State government and DUI/DMV like Arizona defensive driving school provides the best escapes DUI arrests in Arizona.  There are basically two Arizona drunk driving charges:

1)    Driving while impaired.

2)    Driving with an alcohol content of 0.08 or higher within 2 hours of driving.

Under the act of AZ drunk driving law you may have to face serious laws or offences. The Arizona traffic police can seize your driver’s license or even automatically suspended it for 90 days to 2 years depending upon the severity and number of offences done.

AZ drunk driving law or Arizona drunk driving law is very strictly imposed on people as it is life threatening otherwise. Some of the extremities of breaking the AZ drunk driving law is that you might have to spend 30 days in jail. In some cases a total of 20 days can be suspended under some special conditions.

There are only three ways in which you can save yourself from Arizona drunk driving law, if you have been charged for any offences then these are:

1.    Pay the fine, or appeal for exemption from the imprisonment. This won’t happen to you unless and until you qualify or are under some special conditions.

2.    Approach a DUI defense attorney who can save your life from ruining.

3.    Take up Arizona Defensive driving course and learn to avoid you from falling under Arizona drunk driving law.

Register now for the State recognized Defensive driving course provided by   Arizona Defensive Driving School to remove traffic tickets, allegations and lower down your insurance rates! Be smart, safe and responsible while you drive. Website: http://www.arizonadefensivedrivingonline.com

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