Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Louisiana DUI Penalties »
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- Laws need suspected DUI drivers to go under blood, breath, or urine test for checking of blood alcohol level content is called “implied consent laws”. Denial carries penalties that include compulsory suspension of the driver’s license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Louisiana will be having the blood alcohol concentration (BAC) above than the 0.08 percent, which is the legal limit, then that person will be measured “per se intoxicated” under the law. Under this decree only this evidence is enough for a driver to be convicted for Driving Under Influence (DUI) or Driving While Intoxicated (DWI).
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Idaho DUI Penalties »
Suspected DUI driver are required to go under breath, blood, and urine test for alcohol. This procedure is called called “implied consent laws”. Rebuttal carries penalties like compulsory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
Any driver in Idaho with blood alcohol content (BAC) above 0.08 percent will be measured “ per se intoxicated” under the law. Under this proof, this evidence is enough that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
Zero tolerance laws in all states basically focus on drivers not of legal drinking age. Drivers under 21 years of age in Idaho operating any motor vehicle with blood alcohol content .02 percent or above will be subject to DUI penalties.
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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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Have a Close look at DUI Fatality Statistics »
The numbers of deaths on the highways caused by drunk drivers has justified the "DUI crackdown", along with the loss of constitutional rights. As it has been said by the U.S. Supreme Court in Michigan v. Sitz, for instance, DUI "sobriety checkpoints" seems to be violating our Fourth Amendment right to be free of suspicion less stops by the police but this illegal intrusion on our privacy is "outweighed" by the "carnage" on our highways of 25,000 deaths that occur due to drunk driving each year.
What is the source of these statistics? Several years ago, the statistics that had been kept on traffic fatalities by law enforcement agencies included a category for "alcohol-caused" deaths. However, these statistics were subtly changed to "alcohol-related" in order to justify such things as sobriety checkpoints, lowered blood alcohol levels and automatic at-the-scene DUI license suspensions. Here you must note that they changed it to “DUI related", but not “DUI caused”.
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DUI Sobriety Checkpoints: Are they Unconstitutional? »
It is clearly said by the Constitution of the United States that the police can not just stop someone and they are not allowed to conduct an investigation unless there are “articulable facts” that are indicating possible criminal activity.
So here there is a question that how can they do exactly that with DUI roadblocks? so it is a good question. And this question was raised in the case of Michigan v. Sitz (496 U.S. 444), in which a decision of the Michigan Supreme Court striking down drunk driving roadblocks as unconstitutional had been reviewed by The U.S. Supreme Court. In a 6-3 decision, the Michigan court was reversed by the Court, holding that roadblocks were consitutionally permissible. Chief Justice Rehnquist started his majority opinion by accepting that DUI roadblocks i.e. “sobriety checkpoints” do, in reality, constitute a “seizure” which is within the language of the 4th Amendment. Explaining this in other words, yes, it’s an intentional violation of the Constitution.
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