Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Maryland Man Gets 5th DUI »
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- A Maryland man who has already have four drunken-driving convictions is now facing DUI charges for the 5th time after Delaware State Police say he was stopped as he was driving more than 100 mph on Interstate 495.
On early Monday, a trooper has stopped 33-year-old Christopher Kendall of Chesapeake City, Md.,in Claymont after it has been said by the police that his Nissan Pathfinder have been swerving and speeding at nearly 102 mph in a 60 mph zone.
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Why the Breathalyzers don’t Work Properly »
Here I am giving just one of many examples explaining why the breathalyzers do not work properly. The computers that are inside Breathalyzers what actually do is that they just multiply the amount of alcohol in a DUI suspect’s breath sample 2100 times in order to get the blood alcohol concentration ("BAC").
It happens because they are programmed in such a way that they assume that the suspect has 2100 units of alcohol in his blood for every single unit of alcohol in his breath. This is what we call the "partition ratio". But this ratio is only an average: actual ratios shows variation from as low as 900:1 to as high as 3500:1; if individual ratio is different, then surely the BAC result will be different.
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FAQs About Drunk Driving »
Here I have tried to give the answers to some frequently asked questions about drunk driving. After reading that you might understand few aspects of drunk driving.
How High the drunk level should someone possess before he can be convicted of driving under the influence?
To drive a car while a person is “impaired” by the effects of alcohol or drugs also including prescription drugs is considered to be illegal. What it means is that there must be enough alcohol or drugs in the body of driver which would have been preventing him from thinking clearly or driving safely.
This level is reached by many people well before they’d be considered “drunk” or “stoned.” In all states, a person is considered to be guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) who has a blood alcohol content (BAC) level of .08% or above.
In spite of all the facts, in almost all states drivers under the age of 21 are considered to be driving under the influence of alcohol if they are having their BAC at or greater than .01% or .02%, depending on the state.
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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.
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