Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Limited Job Opportunities with a DUI / DWI Conviction »
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- In this article we have explained about what problems you might face in your job due to DUI / DWI conviction and how these convictions affect your employment opportunities.
Your Driver’s History is Checked by Most of the Employers
If in your driver’s history you have any drunk driving conviction then there are many employers who will not hire you. Most of the companies check the driver’s history some companies check the record of 3, 5, 6, 8, 10 years. Others go back as far as your state’s driver’s history will report a record. In each state driver’s history is different. You can ask this from your attorney when you contact an affiliate in your state.
DWI Probable Cause »
However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.
Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.
DUI Defense Strategies: Errors of DUI Investigation »
In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
DUI Defense Strategies: Breath Alcohol Testing Errors »
Many factors render BAC testing which are even more tending to inaccurate results than the field tests.
Errors Inherent In Blood and Breath Tests for Intoxication
If we assume that the test machines are in standard calibration and that the administration of tests were flawless which is a rare scenario, still it is acknowledged by the experts that DUI breath tests possess an error rate of plus or minus .02%, and there is an error rate of plus or minus .005% in blood tests.
By adding up factors below, about test results further questions can be raised. If you give a second test, which is within your rights, the readings must be within .02% of each other in accordance with the California law that governs Breath Testing.
Heartburn Can Give a Falsely High Reading
The breath test is designed for the purpose of testing the amount of alcohol present in the air in your lungs. In case if you are suffering from heartburn, GERD (gastroesophageal reflux disease) or acid reflux, alcohol from the stomach can move back from the stomach to the throat or mouth. When you blow into the breath test machine, the mouth alcohol plus the air in your lungs is measured in these instances.
Most Common DUI Case Mistakes »
In this article we have described few mistakes that is commonly made by DWI Lawyers and defendants.
Errors Usually Made by DWI Lawyers And Defendants
1. Failure in addressing the situation & possible results accordingly
If anybody is convicted in San Diego, his DUI conviction remains on his California criminal record evermore. Moreover, it could also be subjected to reinvestigation by any present or future officers, insurance firms, loaners, and other authorities. If guilty, the person can possibly face increased insurance rates, or cause to drop his policy altogether.
2. Not taking an attorney dedicated and expert in defending dui case
Or employing an ordinary criminal attorney who has broadened his or her services over many other areas of crimes. Laws relating DUI are complicated; the equipments and evidences relating to drunk driving cases are highly technical and scientific.
Therefore, you should engage a qualified DUI lawyer who deals only the DUI defense cases, with a proven track record of winning results. Your attorney should be good in defending drunk driving crimes, and experienced enough to know when and what to contend on your behalf. WHO you prefer as your lawyer can be a critical decision affecting the result of your case.
How to Choose a Good DUI Attorney? »
If you are suffering from drunk driving allegations in San Diego County, the critical step you can take is reaching and hiring a good DUI attorney to fight your case. Here is how to do this all:
1-Prefer an attorney who defend DUI cases only with offices in San Diego
Not all criminal attorneys are the same. Search for a DUI attorney whose whole experience and practice is only related to drunk driving defense. An attorney who offers his or her services in different areas of law can’t possibly remain up-to-date and aware enough to challenge the extremely scientific, complicated and technical type of DUI law.
Ask your selected San Diego lawyer if they deal other types of criminal cases except then DUI – DWI – Drunk Driving, and DUID (Driving Under the Influence of Drugs). Also ask the attorney when he or she last prosecuted any of their DUI case in California, which they won also. Moreover, ask the lawyer what is the percentage of his cases relating Driving Under the Influence.
2. An attorney should have an excellent reputation
Search to hire a lawyer who possesses a big record and history of satisfied clients and case final results.
DUI Defense Strategies: Field Sobriety Testing Errors »
Most of the times there are several errors in field sobriety test. A person should be lucky enough to pass a field sobriety test because it is a rare case that roadside sobriety test is done correctly.
Inaccuracies of Field Sobriety Tests
Many times, tests will be administered by the police at the site of the traffic stop in order to determine a suspect’s sobriety. The results and interpretation of these are subjective to say the least.
Moreover, you never know that how you would perform under different circumstances even though you are not drunk, these “results” will mean little in a court of law.
A certificate should be given to an experienced DUI trial lawyer as an instructor in Field Sobriety Testing, and he should have the ability to effectively point out the high level of subjectivity associated with these tests through cross examination.
Dui Defense Strategies: Errors of DUI Arresting Police Officer »
I can give you an advice that if you’ve been arrested for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) then you should keep in your mind that there are numerous factors that can work in your favor and result in dismissal of your case.
The burden of proof is on the government, meaning the arresting officer and the prosecution, for a conviction to be rendered. It is required that all aspects of the charges must be proven, which includes but is not limited to proper administration of sobriety tests, chemical tests, probable cause and search and seizure protocols and following the law. An error can be caused in each of these human, mechanical or procedural factors, and in this series of articles we will outline these errors, any of which can work in favor of yours. In the following article we will discuss the errors of a DUI arresting police officer.
Errors of DUI arresting police officer
There could be an error in the judgment of the officer who stopped you for any number of reasons. Furthermore, it may be possible that the way he administer correct procedure after the arrest could be improper. Here we are giving examples of what can hurt the prosecutions case and therefore help you:
10 DWI/DUI Myths and Their Facts – Part-3 »
Myth # 8:
Law enforcement officers can’t influence the BAC reading of a breath-testing machine.
Fact:
Law enforcement officers can and do influence BAC readings. Law professor and lawyer Lawrence Taylor quotes Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington. He said that, By far, the error which is most overlooked in breath testing for alcohol is the pattern of breathing…. During the breath the concentration of alcohol changes considerably… After discarding the dead space, the first part of the breath, has an alcohol concentration much lower than the equivalent BAC. Whereas, the alcohol concentration of the last part of the breath is much higher than the equivalent BAC. The last part of the breath could be over 50% above the alcohol level….Thus, it maybe indicated by a breath tester reading of 0.14% which has been taken from the last part of the breath that the blood level is only 0.09%.
It has been explained by Professor Taylor that, many police officers are aware of this error. They also know that if the machine opposes their judgment that the person they arrested is intoxicated, then it will effect their reputation.
10 DWI/DUI Myths and Their Facts – Part – 2 »
In the previous part you must have read few myths and their facts. This is the next part of the article about myths and facts of DUI/DWI. In this article also you will read about some other myths and facts of DUI/DWI cases.
Myth # 6:
It is believed that the breathalyzers and other breath testers are accurate.
Fact:
There are too many sources of error in breath testers. These errors affect the result of these breathalyzers test.
Quit Smoking or Get Ready for DUI Arrest
You should consider this thing. In our breath a compound named acetaldehyde is present that is falsely recorded as alcohol by breath analyzers.
The most important that tobacco smokers must know is the fact that the levels of acetaldehyde in their lungs are much, much higher than those in the lungs of non-smokers. This means that the possibility of false high readings on a Breathalyzer or other machine is greater for smokers.
So with this there comes another reason due to which the smokers should quit smoking and that reason is the danger of arrest and false conviction of DWI/DUI. So I must advise the smokers to quit smoking before they are arrested for DUI/DWI.
