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DUI Law – Are Alcohol Tests Correct?

Sobriety tests are now as common as DUI arrests. What this means to drivers is clear proof of driving under the influence. While many states have different terms and laws for handling DUI and DWI arrests, one thing is the same across the board. The blood alcohol level limit is 0.08% for all states and districts in the U.S. If you are at 0.08% or over, you can be fined, given jail time, and have your license suspended.

But you might be wondering, are these breathalyzer, blood, and other tests as accurate as you’d been led to believe? After all, the entire case against you is based on a simple test. While some would discount that these tests are in any way inaccurate, it’s still useful to look into the details.

When you are pulled over and the officer suspects your under the influence, he/she can administer more scientific tests such as the breathalyzer. Almost every state has the “implied consent” law where if you refuse to be tested for alcohol levels your license can be suspended. There are other tests too.

“Field of Sobriety Tests”
These tests are the ones we all know, where you’re asked to count from 100 down to 1, or spell the alphabet backwards. Officers also check the eyes, for coordination (walking in a straight line), and cognitive abilities. You might often have to do more than walk in a straight line and say the alphabet, as officers are trained in various ways to test alcohol levels.

Blood Tests for DUI
Blood tests are considered to be the most accurate test of alcohol levels in your body. However, in some cases DUI lawyers can argue the testing via blood, namely if the blood wasn’t handled or preserved properly before and during the testing. In fact,some say if the blood is allowed to coagulate, it can lead to false high readings.

Breath Tests for DUI
Perhaps the most common and well known test, the breathalyzer can be used to test alcohol levels right when the officer pulls you over. The actual science behind the breath test is complex, as it tests the level of alcohol in the air you exhale instead of your actual blood level. This results in a lot of guesswork on the officers part, and gives you the chance to fight the case, as false high readings can and do occur

Urine Tests for DUI
Since urine tests are the least accurate of blood alcohol level tests, they’re rarely used. Since alcohol is in the blood and not urine, it’s less accurate. Usually some assumptions have to be made.

Fighting the DUI with a Lawyer
If any of this sounds complex, that’s because alcohol blood level testing isn’t an exact science. While many will fail the tests and be over the limit, some will not, or there are mistakes made, and that’s enough room for a DUI lawyer to help you plead your case. No matter your situation, if you get charged with a DUI you can fight about more than the alcohol tests. You can also fight, for example, if the officer had the right to pull you over in the first place. In the end, hiring a DUI lawyer can help you out of this situation and perhaps help you keep your license and avoid jail time.



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Reality TV Star Arrested In Hospital On DUI Charge

David Rainey, Puck from MTV’s “The Real World: San Francisco”, has been charged with DUI, child endangerment and driving without a license in connection with an accident on Route 79.

Officials with the California Highway Patrol say that his vehicle left the roadway after failing to negotiate a curve and ended up on its roof in a stream bed after rolling down an embankment.

Puck suffered broken bones in both feet, his right hand and neck, according to celebrity gossip site TMZ. His 8-year-old son, Bogart, reportedly has liver damage and bruising to several of his internal organs.



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Why Does Alcohol Lead to DUI Charges?

Driving under the influence (DUI) charges, along with the same term for  alcohol penalties driving while intoxicated (DWI), are commonplace today. It’s not a laughing matter either, as many studies point out how many driving related injuries and deaths are related to alcohol. It’s a problem, but for the purposes of this article, we’ll go over why it’s such a problem, why alcohol effects your ability to drive and leads to DUI and DWI arrests.

Alcohol and The Brain
Alcohol will reach your brain within seconds. You may have one shot and hit the road, but the alcohol in your bloodstream will effect vision and hearing, muscular ordination, and cause deterioration of judgment.

It does depend on the person and the amount you drink. For instance, a man of 250 lbs will have less effects for taking that one shot or two beers. The 110 lb woman, on the other hand, will feel the effects greatly. It’s dependent on the person, however, how much is drank, the time period, what you eat, and when you get in the car. There is even something to be said for how long you’ve been drinking; if you’re a regular drinker, you may handle the amount of alcohol differently than the 17 year old who’s never drank once.

Limits on DUI And DWI
If you’re a regular drinker, you may think you can handle your alcohol. If you’re not, you may think it’s okay just for a small amount. Making the mistake to drive doesn’t involve how you take the alcohol, but how high the level is in your body. Every state in the United States considers the legal limit to be 0.08%. If you hit that, you’re facing a DUI. Regular drinkers may feel little effects of the alcohol, but if you’re pulled over, it doesn’t matter.

And for good reason. All it takes is one mistake and someone gets hurt.

How the Body Handles Alcohol

This isn’t meant as a science study, but as a way to show you how much you’re body can handle alcohol, how long you should clearly wait before getting behind the wheel, and what you can expect if an officer does pull you over.

Once you take a drink and the alcohol hits your system, it depends on what’s already in you. If you’ve had nothing else to drink (without alcohol) or eat, it’s proven to have greater effects. If you eat a full meal along with your drink, it’s proven to limit the effects of alcohol.

For most people, you can expect 90% of the alcohol you drink to be absorbed into your system within an hour. That’s an average, but it does depend on the quantity of alcohol you drink, the strength of the drink, and what you already have in your stomach.

How Much Can You Drink?

So how much can you actually safely drink? A recent study proposes a theory. You divide the number 3.8 by your body weight in pounds; this is in effect the maximum percentage of alcohol your blood will get with each drink. The average beer, single shot, or glass of wine will add such amount of alcohol to your system. If you weighed 200 lbs and drank one beer, shot, or average glass of wine, each drink would add about 0.02% to your blood alcohol level. Of course, this is just an example and  shouldn’t be taken exactly, but compare your number to the blood alcohol level limit (0.08), and you have a rough idea of what you can drink.

DUI and DWI
If you run into problems with DUI and DWI charges, you might consider lowering your drinking level if not drinking anytime you plan  to drive at all. DUI charges can be very severe, and you must also think of others on the road. If you do make a mistake, hire a DUI attorney who can help you through the process and help with the laws involved.



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The Difference Between DUI and DWI in Illinois

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

In Illinois, a person charged with DUI faces two different cases, one before the Department of Motor Vehicles (DMV) concerning their driver’s license which requires an administrative hearing, and the actual accusation for a DUI may require a court case, traffic case, criminal case, or ticket.

Convictions for first time offenders can include heavy fines, jail sentences, DUI school, license suspension, and community service.

According to HG.org, located in Chicago,“Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws.” Whatever term you refer to drinking and driving or drunk driving,  states are clamping down on these type traffic violations.  When you face these kinds of charges, it is no time to handle your case all by yourself. We are here to help you get in contact with a lawyer who can help you understand the subtle differences in the legal jargon of Illinois law, and who specializes in representing YOUR best interests.



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Facing DUI Related Accidents in Texas

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Texas, there were 1,544 deaths attributed to alcohol which represented 45% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like McAllen, Edinberg, and Mission, Texas.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Texas and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now, and we will help you find an attorney in the area where you live that can help you deal with the charges you are facing.



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‘Heroes’ Star Arrested For Suspicion Of DUI In California

LOS ANGELES, CA - SEPTEMBER 07:  Actor Adrian ...
Image by Getty Images via Daylife

The Associated Press reports that Adrian Pasdar, who plays Nathan Petrelli on NBC’s “Heroes,” was arrested early this morning on The 405 freeway in Los Angeles.

According to the report, his F-150 was straddling two lanes and traveling at 94 mph when California Highway Patrol pulled him over just before 3 am.

Los Angeles County Sheriff’s Department says that he was released at around 8:30 am on $15,000 bail.

Pasdar is married to Dixie Chicks singer Natalie Maines.



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Even Innocent Farts in Florida are No Laughing Matter

In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.



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Facing DUI Related Accidents in California

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States. The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007, in the state of California, there were 1,509 deaths attributed to alcohol which represented 36% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like San Francisco, San Mateo, Oakland, and Marin, California.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in California and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You may need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find an attorney in the area where you live that can help you with your case.

 



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The Difference Between DUI and DWI in Tennessee

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

The Tennessee Vehicle Code 55-10-401 says it is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08%) or more.

Convicted first time offenders can receive stiff fines, up to one year in jail, license revocation, an ignition interlock device, court ordered DUI school, and towing costs. The conviction, even a first time conviction, stays on your record permanently.

As reported by myEyeWitnessnews.com on June 22, 2009, an article titled, “DUI Law Changes in Tennesse”, states, “Under this new law, if suspected drunk drivers refuse to take the test (blood alcohol level), they could lose their license for a year, in addition to other charges they would face.”

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help you deal with the ramifications of the charges against you. Contact us and we will help you get in contact with a DUI lawyer who can help you understand the subtle differences in Tennessee law.



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Facing DUI Related Accidents in Ohio

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007, in the state of Ohio, there were 451 deaths attributed to alcohol which represented 37% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like Youngstown and Warren, Ohio.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Ohio and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find a DUI attorney in the area where you live that can help you defend yourself against a DUI charge.



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