Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here The DUI Officer and “Selective Memory” »
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- How does every detail of a DUI investigation is recalled by a police officer testifying in a drunk driving trial recall months earlier?
When a motorist is stopped by an officer and the officer suspects that he may be under the influence of alcohol, he from the moment when he stops the motorist begins to mentally record various observations. He may notify many things such as he may notice that was the driving erratic, and in what way? How did the suspect reacted to the red overhead lights? How did the suspect pull over and park? Was an odor of alcohol there on the driver’s breath, and how strong it was? Could it have come from the passenger? Was the face of driver flushed, eyes bloodshot, speech thick and slurred? What was his response to the questions and directions? What were his answers to questions asked by the cop such as "Where he is going? What time is it? Have he been drinking? What? When? Where? How much?" Did the suspect have a current license and registration? Did the suspect fumble with his wallet pulling out his license? Was the suspect stagger when stepping from the car? What did the passenger say? How did she appear? And so on.
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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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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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75 Facts about Texas DWI Case – Part 1 »
Here we have explained 75 facts about the DWI case in Texas. They are for your guidance and I have just tried to help you a little bit to have knowledge about the few facts of Texas Dwi case.
Texas DWI – 7 tactics that could be used in DWI pre-trial motions
1. The dui attorney can argue about the constitutionality of the stop.
2. The dui attorney can argue about the constitutionality of the administration of roadside tests.
3. The dui attorney can argue about the constitutionality of the probable cause to arrest.
4. The dui attorney can argue about the constitutionality of the Miranda rights.
5. The dui attorney can argue about the use of any blood or breathe test.
6. The dui attorney can argue about the constitutionality of any search and seizure.
Texas DWI – 9 preliminary motions in a DWI case
1. There could be a motion to suppress evidence on the ground that the cops have stopped you unconstitutionally.
2. There could be a motion to suppress evidence on the base that the cops have done an unconstitutional search and seizure.
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Investigation of DUI Cases: What are the SFST’s? »
In this article we have described about the tests which the cops ask a person to perform during a DUI or drunk driving offense stop. The information that is provided in this article is pertinent to DUI offenses across the nation as SFST stands for Standard Field Sobriety Tests which means they are considered to be standard across the United States.
Investigation of DUI Cases:
What are the SFST’s? How do CA courts deal with FST’s that are not performed in accordance with NHTSA? These are the frequently asked questions about SFST’S. I have tried to give the answer to these questions.
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Three Simple Precautions to Reduce Your Chances of a DUI Arrest »
The huge majority of people would be considered “social drinkers” who drink and drive. This means that they might:
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Have gone to the bar after working hours with their fellow co-workers and there they have one or two glasses of wine or beers.
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Have gone out to dinner with their friends or family and there they have a couple of drinks with dinner.
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Have gone to a party and there they have a drink or two over the course of the evening.
When we are talking about these kinds of situations then the drinking in all the above three cases is classified as social drinking since the individuals that take part in this behavior, do not have a habit of drinking on a regular basis.
Whether you belong to a category of “social drinker” or you drink alcohol on a regular basis whatever the case may be, I will tell you three simple precautions that you can take right now in order to minimize your chances of being involved in a DUI stop.
Precautions for DUI Arrest
First Precaution:
Buy a cologne or perfume and then put it in the glove box of your car. You should take care of one thing that the cologne or perfume needs to be much more expensive since the cheaper brands you can get at Wal-mart tend to wear off quickly and are not as much effective as the expensive perfumes are. The whole purpose behind using the cologne or perfume is to mask the scent of the alcohol in your vehicle as well as on your person.
After you have been drinking preferably use a spray bottle to apply the cologne to yourself from head to toe. Before you drive a vehicle make sure that you have sprayed the cologne around the interior of the vehicle to mask the scent in the vehicle. 
Second Precaution:
Always make sure that you have some breath aids in your car at all times. There is no need to skimp on price here either. What you have to do is to buy some gum or mints that are fairly strong and will actually work like nu-breath or something similar to that.
These breath mints will help you in a way that they will not only mask the scent of the alcohol on your breath, but will also help to slightly slur your speech due to the sucking and chewing action. Those people who have been consuming alcohol will typically have slurred speech patterns.
So when the officer stop you to investigate he will have a problem in judging that either the slurred speech pattern is due to alcohol consumption or it is because you are sucking or chewing on a breath mint.
Third Precaution:
Before driving your car always spray the interior of your car with an air freshener. Here again I must tell you to use a more expensive air freshener then you would normally use. The air freshener should be a spray air freshener and it should not be the one of those scented pine trees that you hang from your rearview mirror.
If you use all three of the above suggestions in combination as precautions for DUI arrest it will help you to greatly reduce your chances of being arrested for DUI. If the investigating officer would have just the slightest hint of alcohol on you or in your vehicle during a routine traffic stop, it can turn into a DUI arrest. As said by Ben Franklin “An ounce of prevention is worth a pound of cure”.
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