Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Consequences of Breathalyzer Refusal »
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- If you have been driving under influence (DUI) then you may be asked by the police officer to submit to a breath test or urine test to determine their blood alcohol content. If you refuse to appear for the breathlyzer or blood test then there might be seperate charges against you besides the DUI offense for which most have laws which specificly define the stirict penalties for anyone refusing to appear. To further make you case better, you might need to speak with a specialized DUI lawyer who could handle your case in your favor as even if you refused the test, you may still be convicted of a DUI.
More Penalties for Breathalyzer Refusal
Due to higher level of refusals, most states have revised their laws as they should to provide for stricter DUI penalties for blood alcohol content test and Breathalyzer refusal. Click here to read more »
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Will a Soldier’s Civilian Driving License be Restricted for DUI? »
Every State has a DUI law.If any person driving with blood alcohol concentration (BAC) 0.08 percent and refuse to a breath test; his/her driving license will be suspended. According to DUI laws, DUI is a crime, whether committed on public or private property. So there are chances if a soldier is suspected for DUI then it is possible that military authorities submit the proper information to the DMV (Department of Motor Vehicles). So that they can take a revocation action but this does not happen always.
In other way, a soldier’s DUI offense can be prosecuted in Federal court or State court. Click here to read more »
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Breath Test Results Can Be Raised Because Of GERD »
There is a possibility if any person is having GERD, can have high breath test result. It’s difficult to say why it will get high, but with GERD, breath test result can be as much as 100% high. However the breath test result ranges between 20% and 80% high.
Commonly GERD (Gastro Esophageal Reflux Disease) is known as heart burn. The main reason why breath test falsely becomes high is because with GERD, the machine does not measure breath alcohol or deep lung air. The machine in fact measures the alcohol gases or vapors erupting from the stomach into the mouth which are then blown into the breath analyzer.So, the results gets high as machine is measuring stomach gas alcohol instead of deep lung air. Click here to read more »
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How to Discredit Retrograde Extrapolation in a DWI Breath Test Case »
When a driver agrees to submit a DWI/DUI breath test, then the state’s star witness at the trial would be the technical supervisor and the state’s expert on the breath test machine. The state’s expert’s testimony will be the calculation of the driver’s alcohol concentration at the time of driving and how many drinks took him/her to that point. This specific scientific theory is called retrograde extrapolation.
As the prosecutor will ask the technical supervisor to determine these numbers for the jury. The technical supervisor at the witness stand will punch numbers into a calculator. All of sudden testimony looks dramatic when the state’s expert will be asked on cross examination whether he and the prosecutor discussed his testimony before he took a stand. After being asked, he will be forced to admit that he calculated the numbers ahead of time. Click here to read more »
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Los Lunas police officer arrested for DWI »
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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