Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Los Lunas police officer arrested for DWI »
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- On early Thanksgiving morning one of the Los Lunas police officer was arrested by Los Lunas police on suspicion of DWI following a single vehicle crash in the village.
Los Lunas police arrested a police offcer
According to Los Lunas police, they have arrested officer Nikki Baca for DWI and released on her own recognizance. Right now she does not have a court date.
Officers responded to a traffic accident that took place on Tondre Road at about 4 a.m. Thursday. It has been found by them that there was a vehicle that had been driven off of the road and struck a fence.
When police arrived the driver, that was later identified as Baca, was in her vehicle. At the time of accident she was off duty and driving her personal vehicle.
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Police Officer Must Take Care in Taking Breath Test to Avoid Driver’s License Suspension overturned »
During the investigation, the officer takes the breath test of the driver who is charged for the DUI case. The officer conducts the breath test of the driver, when the driver submits the test there are certain rules that officer must follow. When the driver is accused due to alcohol reason in Florida, the Department of Highway Safety and Vehicles directly suspends the driver’s license.
Any how the driver has the right to defense for DMV license suspension by a formal hearing in which the lawyer raises voice favoring the driver on the legal points like the stop of the driver was legal, the reason to arrest the driver was correct and that the breath test was valid. These are the points on which the lawyer speaks on behalf of the driver.
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Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? »
If you are facing drunk driving charges, then you must have taken (unless that you refuse) a chemical test for checking a blood alcohol concentration (BAC). It has been noted that the test will be done with a breath machine in the great majority of cases. When you face the trial in a court then you will come to know that you have been charged with not just one, but with two crimes.
First Charge:
The first crime with which you have been charged is the so-called "per se" offense: driving while having a BAC of .08% or greater. It doesn’t matter and no one actually cares whether you were intoxicated or not. It would be proved by all of the evidence that without question you were sober: your condition is not the crime, instead of that the crime is your chemical composition. And what is the sole source of evidence used by the police officers upon which you will be either convicted or acquitted? Just a machine.
Second Charge:
The second charge that you have to face is "driving under the influence of alcohol" ("DUI"), or in some states, it is referred to as "driving while intoxicated" ("DWI") or "operating under the influence" ("OUI"). All of them are basically the same thing. However in each case, it can be proved by the prosecution that you were under the influence of alcohol by offering the results of the same breath test into evidence and the jury will be instructed that it should be refutably believed that the defendant is guilty unless he can prove otherwise.
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DUI Arrests: Surge in DUI Arrest Among Women »
It is a happening of a recent Friday night in Lowell, Mass., just outside Boston, the state police were out there to look out any drunken drivers.
Officers regularly stop drivers and ask them that have they drunk tonight. They also ask some drivers to take sobriety tests; they have also arrested some of those drivers for Driving Under the Influence of alcohol.
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Kane Co. prosecutor considers ending DUI stings »
Kane County State’s Attorney John Barsanti has said that due to lack of cooperation from police he might abandon an aggressive DUI campaign.
On Tuesday, Barsanti said that recently two municipal police departments have turned him down, who have previously expressed interest in conducting "No Refusal" crackdowns in their jurisdictions. The objection that has been raised by the agencies, which Barsanti would not name, was that they thought it was a controversial subject.
It has been said by Barsanti that it’s a kind of surprising to him. He thought that they would have more support from the law enforcement communities.
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Do Breathalyzers Discriminate Against Women? »
If you have been charged for DUI and if it has been shown by a breath test that your blood alcohol concentration (BAC) is .08% or higher, then you are guilty. Of course, it does not matter, whether you are a man or a women: there is no discrimination in law.
Maybe they should…
It has been found by the researchers at the University School of Medicine in Trieste, Italy, that the stomach lining contains an enzyme called gastric alcohol dehydrogenase that breaks down alcohol, and in women this enzyme is less than a men. In order to determine the relative effects of the enzyme, they gave alcohol both orally and intravenously to groups of alcoholic and non-alcoholic men and women.
It has been found that women reached the same levels of blood alcohol as men after drinking only half as much; having taken the weight differences into account, it has been founded by them that women reached BAC levels illegal in a DUI case after drinking 20 to 30 percent less alcohol than men.
The scientists’ concluded that when defining safe levels of drinking for driving motor vehicles legislatures may need to consider sex differences in drunk driving laws.
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The National College for DUI Defense »
Until a few years ago, those attorneys who attempt to defend a client who is having against drunk driving charges were general practitioners. These attorneys had little, if any, understanding of the nature of the offense. They were not familiar with such methods of DUI investigation such as as field sobriety tests, and seminars on how to defend these clients were almost completely lacking.
The most important thing was that, defense lawyers doesn’t know anything about the complexities of blood alcohol analysis, whether of blood, breath or urine. They don’t know the answers to the following questions that how does the Breathalyzer work? What does infrared analysis referred to? What is Gas chromatography? How is the metabolism of alcohol takes place in the human body? What is the "Widmark’s formula"? what is Hematocrit? What is "retrograde extrapolation" and how does it work? What are those physiological variables that can occur between individuals? What are those medical conditions that can effect a breath reading and how? What could happen if in case blood samples ferment or coagulate?
There is an involvement of knowledge of such highly technical fields as physiology, organic chemistry, physics, biophysics, electrical engineering in the chemical analysis of blood, breath or urine but these are the subjects that are far beyond the experience and training of lawyers.
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What Happens If You Get Arrested Under DUI »
Have you ever thought what can happen if you get arrested under DUI/DWI charges? DUI is not a joke. It is a very serious and frustrating experience. In my practice as a DUI Lawyer, I have seen many gone through pain and agony of a DUI Charge. Driving under the influence or Driving while intoxicated is a severe crime in each and every state with no exceptions. I have created this list of things that can happen if you get arrested and charged for a DUI /DWI related crime.
Jail Time
On first offense of dui you may be fine up to a $2,000 or 72 hours to 180 days in jail.
Job loss
You may lose your job as a consequences to a major DUI charge especially if your job involves driving / travelling.
Loss of driver’s license
You may lose driver’s license or It can be suspended for anywhere between 90 days to one year.
Insurance coverage complications
You may got problems in getting your insurance coverage. if you find a company which is ready to insure you, you will find the premium very penalizing.
Impounding of vehicle
Some state laws require the DUI arrestee’s vehicle to be impounded. In limited cases, the vehicle may even be forfeited to the state, which is usually sold at a public auto auction with proceeds going to the state. Impoundment is said to be among the most effective punishments to encourage the DUI defendant from committing similar transgressions.
Ignition interlock device
A breath alcohol ignition interlock device (BIID or IID) is a mechanism similar to a breathalyzer which is installed in a vehicle’s dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is higher than a programed blood alcohol concentration, commonly .02% or .04%, the vehicle will not start.
Probation
The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked. The offender can then face a prison term.
Community service
One option that may be available in the sentencing of a DUI offender is community service. Often, a lawyer can work with the judge to lesson a sentence by agreeing to community service. This is a great way to shorten time in jail and lesson fines.
Alcoholic education,treatment etc.
In most states, a drunk driving conviction (whether DUI, DWI, or a reduced charge, such as a “wet reckless”) will result in the requirement that the offender take an alcohol education program. In many states, even if the court does not require the alcohol education program, the Department of Motor Vehicles will, in order to regain driving privileges.
Restricted interstate or international travel
Best way to avoid these punishments is not to drink and drive. There is also a human side to it
So Be Safe and Keep Safe… Order a Taxi when you have a drink too many. or be ready to pay a great price.. to your lawyer or law or both.
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