5 Tips On How To Avoid A False DUI Breathalyzer Result

Let's say you had a drink or two but don't feel you are under
the influence of alcohol. However, you are arrested on
suspicion of drunk driving and offered the choice of taking a
breath or blood test (or, in some states, urine). Most DUI
suspects choose the breath test -- a choice which could doom
your chances to prove your innocence. Consider the following
advice when deciding which test to take:

1. If you smoke cigarettes, you may want to pass on that
Breathalyzer mouthpiece the officer is handing you. Scientific
research has shown that smoking can raise the test result
considerably -- enough to get you charged and convicted of
drunk driving. This is because most breath analyzing devices
will falsely report acetaldehyde as alcohol. Acetaldehyde is a
compound produced in the liver in small amounts as a by-product
in the metabolism of alcohol. However, scientists have found
acetaldehyde concentrations in the lungs of smokers are far
greater than for non-smokers. ("Origin of Breath Acetaldehyde
During Ethanol Oxidation: Effect of Long-Term Cigarette
Smoking", 100 Journal of Laboratory Clinical Medicine 908).
Translated: because breathalyzers can’t tell the difference
between alcohol and acetaldehyde, cigarette smokers will have a
higher blood-alcohol reading.

2. If you are a diabetic with possible low blood sugar, you
should also avoid the breath test. A well-documented by-product
of hypoglycemia (low blood sugar) is a state called
ketoacidosis, which causes the production of acetone -- and
acetone, like acetaldehyde, will be reported by the Brethalyzer
as alcohol. In other words, the Breathalyzer will read
significant levels of alcohol on a diabetic’s breath where
there may be little or none. See "Diabetes, Breath Acetone and
Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and
Driving (1993). To make matters worse, the reactions of a
person in the early stages of a diabetic attack include
dizziness, blurred vision, slurred speech, weakness, loss of
coordination and confusion -- the same symptoms which the
patrol officer is looking for: the clear signs of a person
under the influence of alcohol. And the officer's observations
are quickly followed by a failing performance on DUI field
sobriety tests.

3. Are you on a low-carb diet? Or had nothing to eat in quite
awhile? Avoid the Breathalyzer in a DUI investigation -- for
the same reasons stated in number 2. Perfectly normal, healthy
individuals can experience temporary conditions of low blood
sugar after consuming small amounts of alcohol, resulting in
exaggerated but false symptoms of intoxication. Fasting
glycemia can exist where a person has not eaten in 24 hours or
has been on a low-carbohydrate diet. Production of glucose in
the liver is stopped while the alcohol is broken down. Result:
the blood sugar level will drop, affecting the central nervous
system -- and producing symptoms of a person under the
influence of alcohol and a higher breath test result.

4. If you have acid reflux or have burped or belched before
taking the Breathalyzer, offer to provide a blood sample
instead. The reason is that you will be breathing alcohol from
your stomach into your throat and oral cavity, where it will
stay for 20 minutes or so -- to be breathed directly into the
breath machine. This is not a good thing. The machine's
computer is multiplying the amount of alcohol in the breath
sample by 2100 times to provide a reading of the alcohol in the
blood. This is because it assumes the sample came from the
lungs, not the stomach, and the average person has 2100 units
of alcohol in his blood for every unit of alcohol in his breath
(called the partition ratio). The Breathalyzer does not "know"
that your breath sample is not from your lungs and that it
should not multiply the alcohol level by anything. Result:
false high readings -- and a DUI conviction.

5. When you see that officer in the rear-view mirror, don't
reach for the mouthwash or breath spray to disguise the drink
or two you've had. Most of them contain significant levels of
alcohol (Listerine, for example is 27% alcohol) and create a
mouth alcohol effect: they remain in the oral cavity for 20
minutes or so -- just long enough to be breathed into the
Breathalyzer, with the same results mentioned in number 4. Some
breath machines have a mouth alcohol detector, but these are
highly unreliable.

About the Author: Lawrence Taylor is the senior member of an
AV-rated law firm of Las Vegas DUI lawyers practicing drunk
driving defense exclusively. See http://www.duilasvegas.com/
for more information.

Source: http://www.isnare.com

How To Find A Good DUI Attorney

By Lawrence Taylor

You or someone close to you has been arrested for drunk

driving. Innocent or not, you know you're a lot better off with

an experienced DUI lawyer. So how do you find one? The

suggestions provided below will help you find competent and

ethical representation -- and avoiding the alternatives.

The best source for finding a good DUI lawyer, of course, is a

referral -- a recommendation from someone you trust. This may

be a family member or friend who has faced DUI charges before,

or it may be your family or business lawyer who can make

educated inquiries. Perhaps the best source of referral is to

ask a police officer, or go to a courthouse and ask a bailiff

of court clerk: Who is the best you've seen? Who would you

retain if you were arrested?

One possibility that may come to mind is a referral service of

the local Bar Association. This is generally not a good idea,

as you will usually be referred to the next attorney on a list

of members; the only requirement for inclusion on the list is

the request to be placed on it.

Failing a recommendation from a trusted source, the best

approach is research on the internet. A lot can be discovered

about DUI laws, evidence, procedures, penalties -- and about

lawyers who practice in this technical and complex field. There

will, of course, be unending advertisements, self-promoting

websites and, least useful, endless "directories" of DUI

attorneys who have simply paid a lot of money to be included.

One excellent resource is the membership list on the website of

the National College for DUI Defense. This is a professional

organization of over 800 attorneys nationwide who emphasize

drunk driving defense in their practices. Although membership

is no guarantee of competence and/or ethics, it is usually a

good indication the lawyer is serious about this field. The

College emphasizes the education of the Bar through seminars,

most notably an intensive annual 3-day seminar at Harvard Law

School, and has been recognized by the American Bar Association

as the only organization authorized to Board-certify attorneys

as "DUI Defense Specialists", a process that is extremely

demanding.

In making the important decision of which attorney to have

defend you, the following should be considered:

a) DUI defense is a technical and highly specialized field:

Does the lawyer handle drinking and driving cases only - or

does he accept other types of criminal or civil cases as well?

(This would be like a family doctor attempting brain surgery,

cancer research and heart transplants.) What percentage of the

attorney's caseload consists of DUI Cases?

b) Does the lawyer have access to technical expert witnesses in

police procedures and blood/breath analysis? Will blood samples

be reanalyzed by a lab?

c) Does the attorney make promises as to the results he can get

in the case? This is something no ethical attorney would do, as

specific results are unpredictable.

d) Are fees fully explained and set forth in a written

contract? Is the fee simply an initial retainer, or is it

all-inclusive? Do the fees cover such "extras" as the license

suspension hearing, expert testimony, blood reanalysis, trial,

subpoena costs, etc.?

e) What is the lawyer's rating with the Martindale-Hubbell

International Directory of Attorneys? (The highest rating for

competence and ethics is "A-V.")

f) Did the lawyer attend a reputable law school? Is he a member

of the National College for DUI Defense? Is he Board-certified

by the College?

g) Have there been any State Bar complaints against the

attorney? (Most State Bar Associations maintain disciplinary

records online.)

About the Author: Lawrence Taylor is the senior member of an

AV-rated law firm of California DUI attorneys practicing drunk

driving defense exclusively. See http://www.duicentral.com/ for

more information.

Source: http://www.isnare.com

5 Tips To Help Avoid A DUI Conviction

By Lawrence Taylor

If you are ever arrested for drunk driving (also called DUI for
"driving under the influence" or DWI for "driving while
intoxicated"), your experience will begin with an officer
stopping you because of some questionable driving pattern, or
possibly because you encountered a DUI "sobriety checkpoint" or
you were involved in an accident. The officer will approach your
car and ask some questions. You will then be asked to perform
"field sobriety tests". He may also ask you to breath into a
handheld device, technically called a PBT or "preliminary
breath test". You will then be arrested. On the way to the
police station, you will be asked to submit to a breath or
blood test -- and told that if you don't, your driver's license
will be suspended.

What should you do and say during all of this to minimize the
risk of a criminal conviction and a license suspension?

1. Politely decline to answer any questions without an attorney
present. It is a cardinal rule in legal circles that only
incriminating statements are included in police reports and
later testified to in court; statements pointing to innocence
are invariably ignored, forgotten or misinterpreted. Bluntly
put, whatever you say will almost never help you and can only
hurt you.

2. Decline to take any so-called field sobriety tests. These
are theoretically intended to determine impairment, but in fact
are designed for failure. In most cases, the officer has already
made the decision to arrest and is simply going through the
motions and gathering further evidence to bolster his case (he
is the one who decides whether you "pass" or "fail"). In almost
all states, you are not required to submit to this "testing".
It's unlikely that taking it will change the officer's decision
to arrest.

3. Decline to take a "PBT" (preliminary breath test). These
handheld units are carried by officers in the field to help
decide whether to arrest or not and are notoriously inaccurate.
In most states, drivers are not required to submit to these
tests (in some they are required if you are under 21). Although
most states admit the results of these tests into evidence only
to show the presence of alcohol, some permit them to prove the
actual blood-alcohol level.

4. Do you choose blood, breath -- or refuse to take any
chemical test? This is a case-by-case decision, and involves a
number of considerations. First, although blood tests are
subject to many possible errors, they are generally more
accurate than so-called "breathalyzers"; if you feel your
blood-alcohol level is below .08%, then you might want to
choose the blood test. Secondly, whether to submit to testing
at all requires some knowledge of your state's laws --
specifically, the consequences of refusing. If the increased
criminal penalty and license suspension do not outweigh the
possible benefit of depriving the prosecution of blood-alcohol
evidence, then you may wish to refuse. Bear in mind that the
prosecution will charge you with two offenses, DUI and driving
with over .08% blood-alcohol; without a blood or breath test,
he cannot prove the .08% charge, and there will be no chemical
evidence to corroborate the officer's testimony. You should
also realize that in many states chemical evidence of a very
high blood-alcohol level, say over .15%, can trigger more
severe penalties.

5. In almost all states, your driver's license will be
immediately suspended if either (1) the chemical tests results
are .08% or higher, or (2) you refuse to submit to testing. You
have a right to a hearing to contest this administrative
suspension, and there are many possible defenses, many of them
technical in nature. This hearing is usually separate from the
criminal proceedings, and involve different procedures and
issues than in court; it is not uncommon to lose the criminal
case but win the suspension hearing. However, as most motor
vehicle departments do not really want the time and expense of
providing these hearings, they tend to provide notice of the
right buried in fine print given to arrestees. The critical
information is the requirement that an actual demand for the
hearing must be made by the arrestee -- usually within ten
calendar days. If you do not contact the DMV within ten days,
you lose all rights to a hearing -- no matter how good a
defense you may have. Tip 5: Get an attorney right away, or
make the call yourself -- and make sure you can later prove you
made the call within the ten day window!

About the Author: Lawrence Taylor is a former prosecutor,
Fulbright professor of law, and author of the standard legal
textbook, "Drunk Driving Defense, 5th Edition". He heads an
8-attorney DUI defense firm in Los Angeles. See
http://www.losangelesduilaw.com for more information.

Source: http://www.isnare.com

DUI (Driving Under the Influence) or DWI (Driving While Influenced) Consequences

A DUI/DWI (Driving Under the Influence/Driving While Influenced) is a serious driving violation which can carry hefty financial and long-lasting legal consequences. While the intent of this article is not to provide free legal advice, it will outline the general proceedings and potential consequences of receiving a DUI/DWI ticket or being involved in a DUI/DWI accident.

Legal advice will be state specific and is best sought after by consulting with a lawyer familiar with DUI/DWI cases in your state. An experienced DUI/DWI lawyer might be able to get your case dismissed completely, or get your sentence reduced if you are convicted. A lawyer can determine if your constitutional rights were violated and if the arresting Officer followed protocol.

WHEN YOU GET PULLED OVER BY A POLICE OFFICER FOR DUI

If an Officer has reason to suspect there is a problem, he/she may pull you over to investigate and make sure you are not driving under the influence. In some cases, you may have swerved to avoid a pothole or maybe you took your eyes off the road for half a second to change the radio station and you weaved over the double yellow line. Regardless of the circumstance an Officer is required to pull you over and execute several tests to ensure your safety and the safety of other drivers.

FIELD SOBRIETY DUI TESTS

The first sets of tests, called Field Sobriety Tests, were developed to test your coordination and balance. They are the Horizontal Eye Test, the Walk and Turn test, and the One Leg Stand. Each of these tests is designed so that a sober person will be able to pass without a problem.

While they do not provide the Officer with a specific blood alcohol level, they do allow the Officer to pass judgment on your ability to operate a motor vehicle. Some individuals, such as those with a physical handicap or the elderly, will naturally be unable to perform these tests and an Officer will then rely on the Breathalyzer to make his/her decision to arrest you.

HORIZONTAL EYE TEST BY OFFICER FOR DRINKING AND DRIVING

During the Horizontal Eye Test the Officer will ask you to follow his/her finger using only your eyes and not moving your entire head. A sober person (assuming no physical or age impairments) will have no problem with this exercise, but someone who is intoxicated will display abnormal eye jerking. Based on his/her findings the Officer will shine a light into your eyes and check pupil dilation.

WALK AND TURN DUI TEST

The next test will be the Walk and Turn. There needs to be a flat surface for the Officer to request this test, and you must demonstrate the ability to walk at least nine heel to toe steps before turning around and returning to the Officer. Again, if the road surface is not flat and the Officer cannot draw a straight line on it for you to follow, this test should not be performed because the outcome will be skewed in favor of your arrest.

ONE-LEG STAND DRINKING AND DRIVING TEST

The One-Leg Stand also requires a level surface. You will be asked to stand on one leg for a short period of time with both hands at your side, and then you will have to switch legs. It is important that all these tests are performed since a physical or age impairment may skew one or all of the outcomes.

Once the Officer determines you are intoxicated based on these tests you will be asked to take the Breathalyzer test. You will breathe into the Breathalyzer and it will compute your blood alcohol level. In all states you are considered legally intoxicated if your blood alcohol is 0.08 or higher, and only 0.02 if you are under the age of twenty-one. If you fail the field sobriety tests and the Breathalyzer you will be read your rights and arrested. You must remain in jail until someone posts bail and you receive a court date for sentencing.

LEGAL ORDER OF PROCEEDINGS INVOLVING DUI TICKETS:

1. Preliminary Hearing 2. Arraignment 3. Trial by Jury

After the initial arrest, you will be given a Preliminary Hearing date so that a judge may review your case and determine if there is sufficient evidence for the case against you. Very rarely is there not sufficient evidence against you and the next court date will be for your arraignment. During the arraignment you will hear all the charges against you and be asked to enter a plea of “guilty” or “not guilty”.

SEEK AN EXPERIENCE DUI LAWYER

It is imperative for you to have an experienced DUI lawyer to guide you through the proceedings and help clarify the severity of charges brought against you. Depending on the circumstances of your case, you can request a trial by jury if you believe you are innocent and do not accept the options offered during the arraignment.

Requesting a trial by jury can be very complicated since witnesses and experts will be called upon to testify for and against your case. If you choose to take this route your attorney should have appropriate experience in DUI cases to help reduce your sentence or have your case dismissed altogether.

CONSEQUENCES OF A DRIVING UNDER THE INFLUENCE

There can be serious consequences for being issued a DUI ticket and these consequences will increase in severity depending on how many similar offences you have had and if your violation included a DUI accident. A DUI ticket is considered a misdemeanor and will stay on your permanent driving record forever, while a death resulting from a DUI accident is considered manslaughter and is a felony.

Punishment for driving under the influence is mainly state specific, although the following are generally included in your sentence:

1. Fines: Each state will differ in the dollar amount of your ticket. In Texas, a first-time offender may pay up to $2000 and repeat offenders may face fines up to $4000. In Florida, first time offenders are subject to a maximum $500 fine and repeat offenders may pay up to $1000.

2. Suspended License: Most states will suspend your license for up to one year for the first offense, and states such as Connecticut will revoke your license after the third offence. It may be possible to obtain a Conditional License for commuting to work but this is conditional on your individual case.

3. Adding Points to Your License: This will invariably increase your insurance premium for a period of time determined by the individual companies.

4. Drug Programs/Classes: Most states will require a twelve-hour DUI education course for first-time offenders. Repeat offenders sentenced to parole may also be required to complete a 30-day drug rehabilitation program.

5. Community Service: You may be required to perform community service as part of your sentence. Some states, such as Texas, put a limit on the number of hours required. In addition to the mandatory fifty hours of service, Florida offers the option of paying ten dollars for each additional hour required to satisfy the sentence.

6. Some states are now using an ignition interlock device which require the driver to breathe into the device prior to starting the vehicle. Failing this Breathalyzer will lock the ignition in your car and you will be unable to drive it for a period of twenty-four hours.

In addition to seeking a lawyer with DUI experience, if you have valuable assets such as your house or stocks and bonds then you may also seek professional asset protection for your estate and belongings. An accident caused from drinking and driving may have civil consequences and, consequently, severe financial loss of your personal and family's estate. For further assistance please seek a qualified attorney and estate planner specializing in asset protection such as Estate Street Partners.

author bio - Rocco Beatrice, CPA, MST, MBA
award-winning estate planning, trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
-----
Irrevocable Trust Asset Protection, Estate Planning
Medical Malpractice
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034

MISDEMEANOR ARIZONA DUI's

MISDEMEANOR ARIZONA DUIs
It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona while:

1. BASIC DUI: Impaired to the slightest degree by alcohol or drugs.
2. COMMERCIAL DUI: Body alcohol content above 0.040 and driving a commercial vehicle.
3. MINOR DUI: Under 21 years old with any alcohol in system.
4. PER SE DUI: Body alcohol content above 0.080 within 2 hours of driving.
5. EXTREME DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.
6. DRUGS DUI: An illegal drug OR its metabolite in your system (no impairment required).

FELONY ARIZONA DUIs
It is a very serious felony in Arizona to commit any of the above misdemeanor DUI offenses while any of the following apply:

1. AGGRAVATED DUI PRIORS: You have 2 or more prior DUI convictions in Arizona or in another state within 60 months of the arrest.
2. AGGRAVATED DUI RESTRICTED LICENSE: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
3. AGGRAVATED DUI WITH CHILD IN VEHICLE: You have a child under 15 years old in the vehicle

DUI information and links.

When you find yourself facing a DUI, extreme DUI, or DWI charge, you need to arm yourself with as much information as possible. The first fact you can’t ignore is that you need to get an attorney. Many people make the mistake of not getting a lawyer. Make sure you are properly represented, it could be the difference between a severe conviction and something less serious.

On this site you will be given several articles that you should read to brief you on some aspects of the process you are going to face. You will also see valuable links that will give you professional options which will assist you with your selection process.

We hope you find the information on this site useful and valuable. Take care and good luck.