Blog Archive 2

SOME SURPRISING FACTS ABOUT DUI...

Posted April 2, 2010

Is "alcohol on the breath" is a reliable indicator that a person has been drinking and may be intoxicated?

No. Alcohol itself is actually odorless. The "alcohol smell" is the result of other ingredients normally found in alcoholic beverages, so the breath of a person who has consumed a non-alcoholic beer will smell the same as the breath of a person who has had an alcoholic beer. In addition, the odor strength does not correlate with blood alcohol concentration, so a stronger odor does not necessarily mean a high blood alcohol.

Isn't it true that if you completely abstain from alcohol, you couldn't possibly be arrested for DUI?

No. Unfortunately, it is possible to be arrested for DUI without having had a drop to drink. Here are some of the reasons:

The human body produces its own natural supply of alcohol constantly, 24 hours a day, so we all always have alcohol in our bodies, and some people produce enough to be legally intoxicated and may be falsely arrested for DUI.

Diabetics suffering from hypoglycemia will have acetone on their breath, and may also display slurred speech, disorientation, drowsiness and poor motor control, all of which would tend to indicate intoxication to an arresting officer, and this combination of "evidence" may result in a false arrest and conviction for DUI.

Smokers have a compound called acetaldehyde in their lungs, and this is registered as alcohol by breath analyzers, meaning that smokers are very likely to have a falsely high reading on a breath analyzer.

Aren't breath analyzers always accurate?

Alcohol breath testers don't measure the actual blood alcohol. Instead, they attempt to measure the alcohol in the breath in an effort to then estimate the alcohol level in the blood. Since this is very inaccurate at best, and since the machines can in fact detect other chemicals, such as gasoline, paint, paint remover, and even "new car smell", and register them as alcohol, some states do not even permit the use of breath analyzers.

In addition, law enforcement officers can and do influence blood alcohol concentration (BAC) readings. The concentration of alcohol changes during the breath. The first part of the breath has a lower concentration compared to the actual BAC, while the last part of the breath has an alcohol concentration that is much higher - sometimes as much as 50% higher - than the actual BAC. When police officers tell the subject to "blow harder", the breath captured will be the richest in alcohol and will give a much higher - and inaccurate - reading.

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FINDING AUTO INSURANCE AFTER DUI

Posted April 5, 2010

If you are convicted of driving under the influence of alcohol or drugs (DUI), in addition to the criminal and administrative penalties - including fines, jail time and the loss of your driving privileges - be prepared for your car insurance rates to rise dramatically.

According to MADD, 30 percent of all fatal weekday car crashes are alcohol related, and that percentage rises to 51 percent on weekends. Obviously, drunk drivers are a really bad risk for insurance companies, and they charge accordingly, because their financial risk is greater. And the bad news is that not only your car insurance, but also your homeowner's insurance rates may increase.

This is how it works: Incidents shown on your driving record are assigned a point value - normally one point for moving violations, and one point for accidents if you were at fault. These incidents generally stay on your driving record for three years. A DUI conviction, however, is assigned two points, and stays on your driving record for 10 years. A driver's license suspension also stays on your record for 10 years.

States require drivers to have insurance in order to drive, so in addition to the other legal and administrative hurdles of a DUI conviction, when you are eligible to get your license back you must get a form called an SR-22 from your insurance company. This form proves to the DMV that you have liability insurance. The insurance company is then legally required to notify the state if it cancels the insurance or if you terminate the policy or allow it to lapse, in which case the DMV will then automatically cancel your license.

Some car insurance companies do not handle SR-22 insurance policies, and you may find that your auto insurance is cancelled as a result of your DUI, either immediately after the conviction or when the policy comes up for renewal. If this happens, you may well find yourself shopping for new insurance with your problem compounded, as you will then have both a DUI conviction and an insurance cancellation on your record - and any insurance you find will likely be double or triple your pre-conviction rate. Unfortunately, a drunk driving conviction can continue to impact your insurance rates for as long as 10 years.

The internet is a good place to do comparison shopping for the best and most reasonably priced SR-22 coverage. Some companies will give you better rates if you have a generally good driving record aside from the DUI. In any event, though, the financial repercussions of your DUI will continue to linger long after the conviction.

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Odd Drunk Driving Headlines From Recent News

Posted April 13, 2010

Police use taser on naked California DUI suspect - Santa Ana police pulled over a man suspected of driving under the influence in California after he struck another car. When the driver refused to put up his hands the police hit him with a stun gun. When the officers moved in for an arrest, they found the man completely naked. The man was taken for drug and alcohol testing.

Naked motorcyclist arrested for Florida DUI - Police followed Dante Kraus early on a Tuesday morning riding down Interstate 75 on his motorcycle completely naked. They finally pulled him over after the 45-year ran exited the highway and ran a red light. Kraus said that he had been drinking at Hooter's restaurant and did not know how he lost his clothes. He was arrested for his fifth suspected DUI in FL.

Indiana DUI suspect sues after police forced catheter into him - An Indiana man stopped for suspicion of impaired driving is suing the police in Lawrenceburg after they forced a catheter into his penis to get a urine sample. Jamie Lockard was stopped for running a stop sign and police conducted a breath test to test for blood alcohol content. The police then obtained a search warrant and took Lockard to a hospital for blood and urine samples. When Lockard said he couldn't provide a urine sample and refused to drink any liquid, the police forcibly held him down and inserted the catheter. In a complaint filed in federal court, Lockard is seeking an unspecified amount of damages and a jury trial.

Nude knocker held on California DUI - Peter Allen Steele is accused of ringing people's doorbells while naked. He was apprehended by San Mateo sheriff's deputies after streaking through a Redwood City home and into the woods. It took a taser and two shots from a bean bag gun to bring down the 6'7", 250 pound suspect. Steele was charged with drunk driving in California, indecent exposure, evading police officers and entering a house without permission.

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How to Fight a DUI

Posted April 30, 2010

A DUI charge is a criminal case, and as with any criminal case, the State has the burden of proof by showing beyond a reasonable doubt that you were in fact operating a motor vehicle while under the influence of drugs or alcohol.

In order to fight a DUI case in Kansas, you must be able to counter the government's evidence that you engaged in drunk driving. This can be done in a variety of ways, including presenting a thorough analysis of the results of any breath or blood tests and demonstrating that they may be invalid, by challenging the expertise of the arresting officer in conducting field sobriety tests, and by questioning the constitutionality of any stops, searches or seizures which led to your arrest.

A DUI arrest has two separate aspects: the criminal case, which may result in fines, jail time and loss of driving privileges; and the civil case, which may cause your driver's license to be suspended.

A DUI arrest is a serious matter. If it's your first or second DUI, the charge is a misdemeanor, but any additional DUI's are felonies, and all of these involve hefty fines, potential jail time, and suspension - or in some cases even the revocation - of your driving privileges. As you can imagine, these charges affect your life in countless ways, from the expense, embarrassment, and inconvenience, to the possible ramifications affecting your employment and the problems inherent in having a lifetime criminal record (DUI convictions cannot be expunged in Kansas). You may even experience denial of entry into foreign countries, possible deportation if you are not a citizen, and potential consequences in other legal proceedings, such as divorce and child custody issues - all as a result of a DUI conviction.

Obviously, the best way to avoid all this pain and disruption in your life is simply not to drink and drive, but if you find yourself facing DUI charges, you should definitely seek professional help from a qualified DUI attorney who is well-versed in all the nuances of DUI law. Fighting a DUI is not a do-it-yourself project.

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Drunk Driving Around the World

Posted April 30, 2010

George Smith, a London taxi driver, became the first person to be charged with drunk driving when he was charged - and fined 20 shillings! - on September 10, 1897.

In 1925, it became an offense in Great Britain to be drunk while in charge of any "mechanically propelled" vehicle on a public highway or any public place.

In 1936, Norway became the first country to have a per se law which made it illegal to drive with more than a specific amount of alcohol in one's system.

Originally, driving under the influence had been determined by observation - whether the suspect was driving erratically - and by so-called "field sobriety tests" such as walking in a straight line heel-to-toe. Gradually, more sophisticated - though not always accurate -- chemical tests have supplanted these subjective assessments.

Interestingly, it wasn't until 1967 that a set legal limit for alcohol, along with the breath analyzer test, were introduced in Great Britain, but portable breath analyzers did not become available for police to use at the scene of the arrest until 2008.

In the United States, it has been illegal since 2002 to drive with a blood alcohol content (BAC) that is 0.08% or higher. This is the national standard, enforced in all 50 states. In recent years, tolerance for drunk driving has steadily diminished, and the penalties have increased dramatically. Along with these stiffer penalties and higher fines, the importance of having skilled legal defense in drunk driving cases has also increased. If it can be shown that there were faults in the administration of the tests or in the equipment, for example, DUI penalties may be substantially reduced.

Drunk Driving Article Archive 1