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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Five Things Can Result Wrong DUI Breathalyzer Reading »
People know very well that ‘drinking and driving‘ is not a good thing and mostly it ends up with a horrible incident. But people should have enough information to protect themselves from a false reading during breathalyzer test. There are several ways to prove that breathalyzers can be wrong during the testing process and the results shown by the machine are not reliable always. The innocent people can use this information to protect themselves against false prosecution of drunk driving.
Here are the five things that can make breathalyzer test wrong.
1 – Calibration
If the breathalyzer won’t be calibrated properly then it will lose the ability to give accurate readings. A proper calibration process is meant to train the breathalyzer’s sensor so it can accurately detect the amount of alcohol that is sent through the machine.
2 – Residual Mouth Alcohol:
It is important for the breathalyzer administrator to analyze the suspect for up to twenty minutes so that the residual in the suspect’s mouth won’t make the breathalyzer reading wrong. Breathalyzer basically functions on assuming that the breath it gets comes direct from the lungs and there is a reading of how much alcohol is in the bloodstream. But there is always possibility that the suspect will be having left over alcohol in their mouth, which makes the breathalyzer false reading and will show the high alcohol limit in them. Click here to read more »
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Ignition Interlock Bill in Kentucky »
On Tuesday, a House committee has passed a bill for DUI conviction. According to that bill the DUI convicted people might have to pass a Breathalyzer test each time they start their vehicle.
This House Bill 58 will allow the judge to order for a breath alcohol-monitoring device for a person’s first DUI conviction. This ignition interlock device requires a person to go under a breath test before starting the vehicle; if the person will be too dunk to drive then the car will not start.
Democratic Rep. Dennis who had sponsored this bill told that the person who will be charged for this penalty would pay $2 to $3 a day for the device and that can continue for up to a year.
Keene said that he is sponsoring this bill because his daughter was injured by a drunk driver in 2002 and she have to go under three operations. He said that cost is not the issue if they can buy liquor then $3 a day is nothing, its almost equal to the cost of a beer in a bar.
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The Heroes Star Adrian Pasdar Arrested For DUI »
Though I never seen any episode of the TV serial Heroes but there are so many who have seen this TV serial. The Heroes actor Adrian Pasdar was arrested for DUI in California on the 405.
According to the police report he was pulled over just before 3:00 a.m. in Los Angeles when he was driving his Ford F – 150 at the speed of 94 mph and taking up two lanes of freeway. After taking his field sobriety test he was then arrested and was sent to jail.
That is not unusual that another celebrity gone behind the bars for DUI, while in fact there are thousands of Americans who do exactly same thing every night. So only celebrities can’t be blamed for that alone.
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It’s Beneficial To Hire a Lawyer for DWI/DUI Charge »
If you are caught while driving under influence then charges can be rigorous and harsh. Most of people in such situation don’t contact to any attorney, because they already made up their mind that they are already in so much trouble and any legal assistance cant help them out.
To some extent they are thinking right also a DWI attorney cant help them out fully from that but he can help them for having less charges and penalties. The fact is that hiring a lawyer makes the situation more favorable to you rather than you tackle that yourself.
Because you are not the lawyer and that’s why you cant know the specific terms and conditions by using which a lawyer can take advantage for reducing your charges. In such situations help of a lawyer goes on long way.
The attorneys are having ability to see big picture regarding DUI/DWI charges and come up with better defense objectives that can work to your advantage. Lawyers know well about the laws and the circumstances relating to DWI/DUI offenses, they can assess the details of each situation to figure out a way to reduce the penalties that can be charged.
For example you are caught for DUI charge, then an attorney who really knows well the ins and outs of DUI/DWI laws can analyze the official documentation relating to the incident in question to come up with a defense strategy. The attorney will review police or accident reports and breathalyzer results and will see that everything was done in proper way. If he found while reviewing those reports that the documentation was not done according to certain procedures then he can use that information to have minimum penalty for you.
A good attorney always digs in deep so that you wont be convicted as charged. Like he will look for the technical errors with the documentation, assessing the effectiveness of the breathalyzer machine that it was calibrated properly the time of incriminating reading and sometime they brings an expert witness as part of their client’s defense.
An ordinary person can’t be so familiar with the procedures and technicalities regarding DUI/DWI charge that’s why he can’t defend him or herself in better way.
Though an attorney can’t get you out from that without any charge but he can save you from severe penalties.
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Accuracy, Honesty and Rights: Field Sobriety Tests in Florida »
If you’re ever pulled over under suspicion of DUI in Florida, the officer will normally perform a Standardized Field Sobriety Test (SFST) and take a breathalyzer reading.
The SFST is used to estimate the level of intoxication and can provide the cause to arrest. A breathalyzer is used mostly to confirm intoxication.
Sometimes, the breathalyzer may return a negative reading, contradicting the results of a field sobriety test. There have been many cases involving a driver that has been arrested after a SFST and registered a completely legal BAC at the station.
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Diabetes and the Counterfeit DUI »
Opposite to a popular belief, police officers does not have any inherent skill and they seek very little training in detecting levels of intoxication. In reality without taking into consideration any alternative explanations, they are just psychologically predisposed in a drunk driving investigation to “see” what they expect to see.
Let us consider one of those possibilities her. As we all know, those who are suffering from diabetes commonly experience hypoglycemia i.e. low blood sugar levels. And its symptoms are slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation, explaining this in other words, it has all those symptoms that are considered as the classic symptoms of alcohol intoxication. To the arresting police officer this individual will look and act like a drunk driver, and it is obvious that he will fail any DUI “field sobriety tests”.
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Approach a Lawyer Quickly in a DUI Arrest »
REQUEST TO TALK TO A LAWYER AS SOON AS POSSIBLE! It’s your right to talk to a lawyer, and to get a lawyer there during interrogation. If you can’t afford an attorney, one will be provided to you.”
If you’re held and taken into detention on DUI – Drunk Driving accusations by San Diego police, your right to talk to an attorney won’t be given until AFTER you present yourself to the required chemical examines performed at the Police Station or any medical facility where you have been transferred. Failure to put forward to a blood or breath alcohol examination, or “chemical test refusal”, once in detention, will impose penalty of an automatic forfeiture which means suspension of your driving license as stated by California’s “implied consent” laws.
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Probable Cause in DWI Arrests »
On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
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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.
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