There is a lot of misconception out there about blood alcohol content (BAC) and how it is measured. People also seem to be misinformed about the alcohol level at which a person is considered to be legally impaired. Unfortunately we cannot always take what we hear from a friend or what we see on television as fact, no matter how good it sounds. BAC is a serious measurement, and if either collected inaccurately or interpreted improperly, it can have a lifelong impact on the individual accused of being in violation. In this article we present the facts on BAC and how the breathalyzer works.
First of all, it is important to understand that blood alcohol content is not the same as the amount of alcohol measured on the breath. Blood alcohol content can only be accurately measured via a blood test and is calculated as the percentage of weight versus volume. When someone is determined to have 0.08 BAC, it means 0.08% of their blood is alcohol. In a case of measuring the amount of alcohol on the breath and how it can be an indicator of BAC, the ratio is 1:2100. For example, if a breathalyzer test produces 0.10mg/L then it would show the BAC to be approximately 0.021.
Those tiny percentages may not sound like much, but according to studies done at Virginia Polytechnic Institute and State University, it takes just 0.010 BAC to begin impairing the individual. Their work found that a BAC between 0.010 and 0.029 produced subtle impairments in people, no matter what their body type or perceived tolerance may have been. With a 0.030 to 0.059 BAC, test subjects had impaired concentration, decreased inhibition and experience mild euphoria. At 0.06 to 0.090 BAC the effect became more serious. Reasoning became impaired, as did depth perception, peripheral vision and glare recovery. Behavior moved from relaxed to extraverted, disinhibited and feelings became numb. From this point the impairment increases exponentially along with consumption, ending in death with a BAC level of 0.50 or more. However death from alcohol poisoning is still possible when the BAC is just 0.30.
Most people know that across the US it is illegal to drive a motor vehicle with a BAC of 0.08 or higher. Yet they claim to have a higher tolerance for alcohol, either because of their personal habits or their stature. While it is true one’s body weight will have an effect on the speed at which their BAC will rise, there is no evidence to suggest there are people able to tolerate more than others. To illustrate, let’s first look at what the Center for Disease Control stipulates as ‘one drink’. Twelve ounces of beer, eight ounces of malt liquor, five ounces of wine and 1.5 ounces of distilled spirits are equivalent to 0.6 ounces of pure alcohol. Just three drinks containing 0.6 ounces of pure alcohol will cause a 180 pound individual to reach a BAC of 0.08. A 120 pound person would need to consume just two drinks. What these facts do not take into account are the unique circumstances that can cause an exaggerated reaction to alcohol. Certain medications increase the effectiveness of alcohol, as does youth, race, ethnicity and how quickly the alcohol was consumed.
In 1927 Emil Bogen collected air in a football bladder, tested it for traces of alcohol and discovered that two liters of expired air had slightly more alcohol than 1cc of human urine. That was the experiment that began the breathalyzer, or drunkometer as it was first called. That same year the test was used by British Police Surgeon Dr. Gorsky to convict an impaired suspect. Today the drunkometer is far more technical and of course bears a more politically correct name. It is all quite simple, when the user exhales into the device the ethanol in their breath is oxidized. It becomes acetic acid and water, after which an electric current is passed through and measured by a microprocessor. The resulting figure is displayed as an estimated equivalent to BAC.
Contrary to many hopeful but impaired drivers, there is no way to ‘fool’ a breathalyzer. Many have tried, all have failed. If a breathalyzer test indicates a BAC of 0.08 or more and the individual is adamant about their lack of drinking, then a blood test will be conducted to determine the truth of the matter. However it would not be wise to use this as a tactic to stall testing until the BAC becomes lower naturally. Chances are charges will still be laid.
Regardless of anyone’s personal opinion about their own tolerance for alcohol, the laws in the US are quite clear. If someone is driving a motor vehicle or operating large machinery (such as a boat or plane) and their BAC is 0.08 or more, they are impaired and will be charged. The best thing to do next is seek out good legal representation.
Michael A. Rabel & Associates, are Pittsburgh dui attorneys that offer clients a personal touch not found with many larger law firms. Each case is separate and distinct. Whether you are a criminal client or a collections client, your case is valued and important and we have a team of dedicated professionals ready to assist your legal needs. For more information about our services please contact us online today!
Field sobriety tests supposedly help measure whether a driver of a vehicle is too impaired by alcohol or drugs to properly perform the multitasking required to drive a vehicle. In other words, they are meant to prove that the driver is either driving under the influence or not.
Logic is the study of principles behind correct reasoning. Although logicians do not always agree that the principles behind correct reasoning and the psychology governing correct reasoning are interrelated, they both include a measurement of the principles or basis of ideas governing the validity of arguments. That is to say that the principles of correct reasoning and the psychology of correct reasoning provide a basis for determining whether conclusions can be drawn from given assumptions. The problem lies when the given assumptions are faulty. This can be illustrated through the use of field sobriey tests in drunk driving cases.
Premise: If you are drunk, then you are uncoordinated.
This faulty assumption is the starting point for the unreliability of field sobriety tests. The assumption is that you are uncoordinated, and therefore will fail the tests, if you have been drinking. There are too many variables involved in this assumption for it to be accurate. How about another example? Say the assumption is that if you are good at football, then you are fast. At first glance, this seems right. After all, there are a lot of fast guys in the NFL. But what about kickers or punters? Or offensive linemen? These guys are not fast.
Inverse: If you aren’t coordinated, then you are drunk.
This is the hallmark of the field sobriety tests. The tests assume that failure equals inability to safely drive a vehicle because the test taker is too uncoordinated to drive. Even if you assume that the tests can accurately measure coordination, coordination is not a measurement of impairment. Going back to my second premise, the inverse would be that if you are fast, then you are good at football. Most of us would agree that this isn’t true. I like to think that I was fast, at least during my high school and college days, but I sucked at football.
Converse: If you are not drunk, then you are not uncoordinated.
So what this is telling us is that everyone who is not drunk – the kickball kid, babies, Gus Frerotte, my sister – are all coordinated. Absolutely not. There are plenty of people who have never touched a drink in their lives who are also uncoordinated. The converse of my football example is that if you are not good at football, then you are not fast. Hmmmm. What about Usain Bolt, or Carl Lewis, or Florence Griffith Joyner. They are not good at football. But they are or were world champion sprinters.
Contrapositive: If you are coordinated, then you are not drunk.
It is a myth that all drunk drivers are out there swerving in and out of lanes, hitting orange cones, and generally driving erratically. Plenty of drunk drivers act coordinated. Plenty of drunk people act coordinated. But they are still drunk. So to say that being coordinated means that you are not drunk is erroneous. Just like in the football example, it is erroneous to say the contrapositive (if you are not fast, then you are not good at football) is true. Offensive linemen, kickers, and punters – not fast, but good at football.
In effect, we are applying unreliable tests to determine that people are guilty. So why does all of this matter? Our criminal system is founded upon the principle that it is better to let 99 guilty people free then to convict 1 innocent person. That is why we have the “beyond a reasonable doubt” standard. So why do we rely on inherently unreliable tests to judge DUI defendants?
I am not your lawyer. You are not my client. This is not legal advice. It is merely information. Every situation is different and you should contact an attorney licensed in your state to discuss your specific needs. If you need a DUI defense attorney in DC or Virginia, contact a DC DUI lawyer or Virginia DUI attorney without delay.
DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI and OUI (Operating Under the Influence). If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.
A DUI sounds pretty open and shut doesn’t it…Driving Under the Influence. Pretty straightforward, right?
Let’s look into this seemingly obvious definition in more depth to demonstrate some possible areas where an astute attorney can attack a DUI charge.
Driving Requirement
The requirement of operating or driving suggests that the driver must have some sort of control or command of the vehicle. Innocence or guilt may hang on whether the defendant was actually “driving” in a given circumstance. What if he or she was just sitting in the driver seat but the motor was off? What if the defendant was catching a few Z’s there? What if the keys were in the defendant’s trouser pocket and not in the ignition? What if that car was out of fuel and could not be started? What if the car was idling and not in gear? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether or not the required control over the vehicle was present and the outcomes vary by state and by the individual context of the situation. Vehicle Requirement Cars, trucks and vans are clearly considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors try toprove driver intoxication is through lab analysis of the amount of alcohol in the defendants body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In a state, a person with a BAC (blood-alcohol concentration over .08 is considered intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating an automobile, she or he automatically consents to state-administered chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration or problems with the test equipment. For example, your attorney may recommend retesting of the breath samples. One may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the case.
Other types of evidence that can be used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior of driving patterns and circumstantial evidence. An example of a type of possible relevant circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of inebriation by administering tests at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American style of living, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to take a holiday. Licensed drivers drive juveniles, people with physical disabilities and senior citizens to important appointments and activities. A DUI conviction can bring a screaming halt to your life. If you face a conceivable problem with driving under the influence, a lawyer can fight for you and help take care of your interests and those of your beloved relatives.
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You have been charged with DUI. You know that you are facing fines, license suspension, and even potential jail time. Maybe this is your first DUI citation, or maybe it is your fourth. The trust is that many DUI offenders are alcoholics, but they don’t know how to deal with their situation. For the following reasons, it is a good idea to tell your DUI attorney if you know or think you have an alcohol problem.
1) Establish Trust.
Telling your DUI attorney from the outset a fact that is not easy to admit will provide instant trust to your lawyer-client relationship. Your DUI attorney is one of several people that can provide you immediate assistance after you are charged with DUI. You want to get off on the right foot, and you always want to be honest with your attorney. This gives you the best opportunity to create a strategy for your defense and your life.
2) Sentencing Alternatives.
Many jurisdictions offer sentences that don’t include jail time or hefty fines. If one of the goals of the criminal system is rehabilitation, then DUI defendants are prime candidates to target with that goal in mind. Diversion programs, substance abuse classes, driving schools, and other education-based programs are a better alternative to locking someone up, letting them out, and having them drive drunk again.
3) Easier to Help.
Your DUI attorney will have a hard time helping you if he or she doesn’t know what kind of help you need. By admitting that you have a problem, your DUI attorney can then seek help from different sources, and not necessarily the court. A good DUI attorney will have resources available to utilize, and contacts that could help you with both your tendency to drive after drinking and with your alcohol problem as a whole.
4) Your Life May Depend On It.
More than anything, your DUI attorney has the proverbial keys to your life (pun intended). Continually driving under the influence of alcohol not only endangers the lives of other innocent strangers and friends, it also endangers your own life. For that reason alone, if you have a problem, you need to tell your DUI attorney who can provide solutions where needed.
It takes more than a good DUI attorney to help with an alcohol problem. But admitting to your DUI attorney that you are an alcoholic is a good stepping stone in the process of solving that problem. Additionally, you will have laid the foundation for defending your DUI case and, together with your attorney, you can create a strategy moving forward.
DUI laws vary from state to state, and you should consult with an attorney if you receive a DUI citation. If you are in need of help for a DUI in Maryland or DC, contact a Maryland DUI attorney or DC DUI attorney.
Many of us are partial to a big night out and the large majority of us are decent enough not to get behind the wheel of a car after drinking, but how cautious are we about driving the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.
Depending on what country you are in, the legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood. You will easily reach this limit with just a couple of units of alcohol so imagine how 10 – 20 units would effect you even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.
The build up of alcohol can often take more than 12 hours to process through the body and it can still have an effect up to a day later. Many people will often stay up to the early hours of the morning on a night out or at a party meaning they don’t get a full nights sleep, especially if they are getting up at their usual waking hour. They assume that after sleeping the effects of the alcohol will have worn off but this is not the case.
An astonishing number of people drive while under the influence of alcohol the morning after drinking, but not all are so innocent; most do not realise that they are over the limit but some assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.
Police are wise to occasions when people drink heavily such as weekends and holidays and will plan accordingly. The morning after Christmas, New Year’s Day and other holidays are times when forces perform random stops and road blocks. This is primarily a deterrent but they also aim to crack down on offenders.
It’s not just residual alcohol that can impair your ability to drive; a hangover is caused by the brain being dehydrated which means you will find it difficult to concentrate. A bad hangover will mean you are less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.
Getting caught over the limit in the morning can still land you with a drink driving ban and many people end up hiring a driving offence lawyer to get them off the hook.
There is much pressure facing the Government to reduce the legal blood alcohol limit for drivers. The current limit is 80mg per 100ml of blood which would allow the consumption of roughly a pint and a half of medium strength lager for an average sized man. The proposed limit would bring it down to 50mg per 100ml of blood is less than an average pint or a large glass of wine but would match the legal limit in the European Union.
Current UK law states that anyone found driving over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently investigating the possibilities of introducing a second, lower penalty for anyone above the lower limit such as 6 points on a driving licence. Changes could also see prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.
According to Lord Adonis, the Transport Secretary, 430 people were killed as a result of drink driving last year however this figure only refers to people who were over the current legal limit. He also suggests drug-driving is a key concern for the public.
”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties” Claimed Sir Peter.
President of the AA, Edmund King, commented that “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”
However, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations condemned the proposals, “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.
Thousands of motorists are prosecuted every year for a drink driving offence but the punishments for speeding are far less despite it causing a significantly higher number of deaths each year.
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The Government in the UK faces intensifying pressure to reduce the legal limit of alcohol consumption when driving. Currently it is illegal to operate a vehicle with at 80mg of alcohol per 100ml of blood which relates to approximately a pint and a half of medium strength lager for an average sized man. The new proposed limit would bring it down to 50mg per 100ml of blood which is little more than half a pint or a large glass of wine which is in line with the European Union limit.
Sir Peter North remarked that ”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties.”
At the moment, any driver caught in use of a vehicle over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently reviewing the case to introduce a lesser penalty for a lower limit such as 6 points on a driving licence. There are also proposed plans to implement prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.
Transport Secretary Lord Adonis has proved that over 400 people a year are killed as a result of drink driving but this figure does not reflect any incidents where drivers were above the proposed lower limit. He also suggests drug-driving is a key concern for the public.
AA President, Edmund King agreed, “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”
But the plans are not welcomed by everyone, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations condemned the proposals, “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.
Thousands of drivers each year are convicted of a drink driving offence but even more are convicted, with lower penalties, of a speeding offence, something that causes many more fatalities each year.
Ever since the invention of the automobile people have been drinking and driving. There are many people that think they can drive if they have only had a couple drinks but this is far from the truth. There is never an excuse for drinking and driving, no matter how little you had to drink.
When you take the risk and drive will drinking there are many things that may go wrong. You could end up spending the night in jail and having to pay a large fine for a DUI if you are caught driving drunk. Not to mention all of the people you are putting in danger. A DUI is the best case scenario because you could end up taking someone’s life.
You run the risk of losing a lot when you are drunk and driving. If you drive after you have been drinking you take the risk of killing yourself or someone else. You will go to jail if you wreck and the result is someone’s death. You absolutely can and more than likely will be arrested and charged with the crime of man slaughter if you kill someone will driving drunk.
Most people would have a hard time living with the fact that their bad choice caused someone to die. Of course going out and having a few drinks is perfectly fine as long as you do not drive after you drink. If you are planning to have a drink make sure you plan on a safe way to get home like a friend or taxi.
There is never a reason to drink and drive when a cab can get you there safely for only a few bucks. The few dollars you pay the cab driver to take you home could save someone’s life and it may even be yours. Never think that you can drive because you have only had one or two drinks. Many people have said that they can drive as well or better when they have been drinking but this is never true.
There is no one who can drive better while being drunk. When you and your friends go out drinking, be the responsible adult and suggest everyone take a taxi cab home. When leaving after a night out drinking ask the smart question of “what is the number for the cab”? Never ask who is sober enough to drive us home.
When you have had a couple or drinks you may not make the most rational decisions. This is why planning ahead is so important. If you plan for a cab to drive you to the club or bar then you will more than likely be taking a cab home. Ask a friend to drop you off if you plan to drink this way your car will not even be there for you to drive. This country also has a problem with teenagers driving drunk.
Set a good example for your teens and talk to them about drinking and driving. Make sure they know that drinking is harmful and that driving drunk could ruin their lives or get them killed. Too many teens have lost their lives due to drunk driving.
For those charged with drunk and driving Toronto, affordable legal services are readily available . An experienced criminal lawyer Toronto has the expert information regarding impaired driving and commercial vehicle offences.
If you have a lead foot, you might know all there is to know about these outrageous prices and the fines that you have to pay. Every day at least ten people in each city are pulled over. So, what can you expect from speeding tickets? Well keep reading as we inform you.
There are people who have heard of the saying that if you are fooled the first time that is on you. Then there is something about if you are fooled the second time, then it is on them. Consider speeding tickets to be like this. Having gone over the speed limit and getting a ticket once or twice happens to everyone, but the more times you are pulled over the more points you get that go on your record.
People wonder how fast they have to be going before they will get pulled over. For the most part, the rule of thumb is that if you are going five or more miles over the speed limit, then you will be pulled over. Some will give you leeway for one or two miles over the speed limit. The big place that you do not want to be caught speeding as the price is doubles is in a construction zone.
Some cities actually offer classes if you are going way too fast. They call this safe driving school. This is because when they give you one of those tickets, it stays on your record. This can raise your insurance. Too many of these can mean serious trouble as well.
You have to pay these tickets. Normally you can just pay the amount if there is nothing to argue. If you do have to argue though, then you have to appear in court. Normally, when you go to fight a ticket you will not win. There have been many people who tried.
Sure, there are people who tell you to fake cry. They say that this will get you out of a ticket. This is not true. They also say to give the excuse that there is an emergency. Again, depending on the officer, this will not work. You did the crime. That is what speedometers are for.
If you do not pay a ticket, you might be wondering what happens. This can be a very serious thing. If you do not pay it and you have too many out there, they can arrest you for not paying them. Think of not only how embarrassing that might be, but also how time consuming that would be as you have to make bail and all of that good stuff.
When you are stopped remember to stop right away. They can get you for trying to outrun the police if you do not stop. Make sure that you keep your hands on the wheel too. When they approach your window that is when you roll it down and show them your license, registration and proof of insurance. We hope this gives you a glimpse of speeding tickets at its best.
Affordable legal services are readily available for those charged with speeding tickets Ontario. A qualified DUI lawyer Toronto has the expert information regarding impaired driving and commercial vehicle offences.
If you have a lead foot, you might know all there is to know about these outrageous prices and the fines that you have to pay. Every day at least ten people in each city are pulled over. So, what can you expect from speeding tickets? Well keep reading as we inform you.
There are people who have heard of the saying that if you are fooled the first time that is on you. Then there is something about if you are fooled the second time, then it is on them. Consider speeding tickets to be like this. Having gone over the speed limit and getting a ticket once or twice happens to everyone, but the more times you are pulled over the more points you get that go on your record.
People wonder how fast they have to be going before they will get pulled over. For the most part, the rule of thumb is that if you are going five or more miles over the speed limit, then you will be pulled over. Some will give you leeway for one or two miles over the speed limit. The big place that you do not want to be caught speeding as the price is doubles is in a construction zone.
Some cities actually offer classes if you are going way too fast. They call this safe driving school. This is because when they give you one of those tickets, it stays on your record. This can raise your insurance. Too many of these can mean serious trouble as well.
You have to pay these tickets. Normally you can just pay the amount if there is nothing to argue. If you do have to argue though, then you have to appear in court. Normally, when you go to fight a ticket you will not win. There have been many people who tried.
Sure, there are people who tell you to fake cry. They say that this will get you out of a ticket. This is not true. They also say to give the excuse that there is an emergency. Again, depending on the officer, this will not work. You did the crime. That is what speedometers are for.
If you do not pay a ticket, you might be wondering what happens. This can be a very serious thing. If you do not pay it and you have too many out there, they can arrest you for not paying them. Think of not only how embarrassing that might be, but also how time consuming that would be as you have to make bail and all of that good stuff.
When you are stopped remember to stop right away. They can get you for trying to outrun the police if you do not stop. Make sure that you keep your hands on the wheel too. When they approach your window that is when you roll it down and show them your license, registration and proof of insurance. We hope this gives you a glimpse of speeding tickets at its best.
Affordable legal services are readily available for those charged with speeding tickets Ontario. A qualified DUI lawyer Toronto has the expert information regarding impaired driving and commercial vehicle offences.
