DUISearch results for category: BAC
California Supreme Court Agrees Breath Test Accuracy Can Vary
High court questions accuracy of breath test equipment used in CA DUI arrests.
On Thursday the California Supreme Court unanimously ruled that breath test results can vary between people. The finding bolsters claims by DUI defense attorneys that breathalyzers may not accurately detect the percentage of alcohol in a motorist’s blood system and result in a false arrest for driving under the influence. A handful of courts across the country have made rulings similar to that of the California high court.
Alcohol is carried through the blood stream to the brain, liver and heart before being diffused in the lungs. A breathalyzer is intended to analyze exhaled breath and determine if a driver has a blood-alcohol content above the legal limit for intoxication. The problem is that the source code assumes one model for a body’s ability to process alcohol and uses a straight line of assumptions to determine BAC. In actuality, it has become increasingly recognized that body temperature, atmospheric pressure, medical conditions as well as the calibration of the device can create a wide fluctuation in results.
In California, a DUI can be charged two ways: when a motorist exhibits obvious signs of intoxication, like blood-shot eyes, slurred speech and a lack of stability; or when a test for blood alcohol content registers .08% or higher. In the latter case, the threshold is considered definitive for intoxication even though the driver may show no signs of impairment.
The application of penalties for drunk driving is rarely graduated based on level of blood alcohol content and a motorist typically faces severe financial, legal and social difficulties by being found guilty of driving under the influence. The fact that a motorist may be prosecuted based on a false reading is one of the concerns being addressed by the courts. By law, a defendant has the right to challenge an accusation of a crime, though until recent court rulings, the workings of the equipment and the nature of the source code were held as trade secrets by the manufacturer.
The high court justices believe entering evidence of the variability of test results to the jury does not remove the presumption of intoxication. Prosecutors accept that more breath test evidence will be challenged in California DUI cases, but agree that there often is additional evidence to warrant a conviction for drunk driving.
DUI defense lawyers are pleased with the ability to raise the question of the accuracy of breath tests and the court’s acceptance that one-size does not fit all.
Did you recently take a breath test and were arrested for DUI in CA?
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Police Get Special Vehicle to Fight Texas DWI in Austin - BAT Mobile
It's called the BAT (Breath Alcohol Testing) Mobile and it will will speed arrests for drunk driving in Austin.
The Austin Police Department has announced the addition of a mobile lab to help fight Driving While Intoxicated in Austin, Texas. The 38-foot long recreational vehicle is equipped with breath testing equipment, monitors for reviewing arrest videos, restrooms and a holding area for suspected drunk drivers.
The vehicle is named for Drew Bolin and Clinton Hunter, two officers killed while on-duty by drunk drivers.
The custom made RV costs $250,000 which was paid for by Capital Metro, a local transportation organization. It replaces a smaller van, and will allow officers to more quickly process motorists arrested for drunk driving in Austin.
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Fingerprint Technology Studied for Detection of DWI
Lumidigm, a New Mexico company, has developed fingerprint sensor that detects blood alcohol content (BAC) in suspected drunk driving cases.
Lumidigm, based in Albuquerque, has developed a unique technology that can be used for detection of drunk driving in New Mexico. They initially designed a light-based scanner that takes three-dimensional images of fingerprints. The sensors, however, can be adjusted to test for the presence of alcohol emanating from the skin.
The company has been testing the handheld equipment with the help of the Bernalillo County Sheriff's Department. Darren White, speaking on behalf of the sheriff’s department, is encouraged by the potential of a new tool to determine if a motorist is driving while intoxicated. He felt the evidence gathered would also improve the prosecution’s chances of securing a conviction for DWI.
In the current United States Defense Appropriations Act, two million dollars were allocated for the development of a handheld fingerprint scanner. The technology is then expected to enter the private law enforcement sector.
Matthew Ennis, an executive with Lumidigm, projects the use of biometric technology in automobiles within a few years that can provide security and detect elevated blood alcohol content.
If you have been arrested for drunk driving, you will need to find a DWI attorney.
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BATmobiles check for North Carolina DWI
Mobile labs make for quicker processing of suspected drunk driving in North Carolina.
The Forensic Tests for Alcohol branch of the North Carolina Department of Health and Human Services has implemented mobile labs for on-scene processing of motorists suspected of drinking and driving in North Carolina.
The six Breath Alcohol Testing labs or BATmobiles are converted school busses that sport slogans like ‘Booze it and lose it’ and ‘.08 - It's the law.’ They are equipped with breath-testing equipment to determine a suspect’s blood alcohol content, a phone for suspects to call an attorney and a toilet. Being able to test for drunk driving from remote locations speeds up the process and allows law enforcement to test more motorists. It also allows for the testing of blood alcohol content at the time a motorist is suspected of driving drunk in North Carolina, rather than potentially hours later.
The Batmobiles are used throughout the state to combat North Carolina DWI. The BATmobile program was started in 1996, and the FTA added the latest vehicle to the fleet a couple of years ago at a cost of about $250,000. The special vehicles are funded with grants from the Governor's Highway Safety program.
If you been arrested for drunk driving in North Carolina you will need a NC DWI lawyer?
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Minnesota Sues Breath-Test Machine Maker in MN DWI Issue
Minneapolis drunk driving cases may be dismissed because of maker’s refusal to provide requested data.
Minnesota is suing the manufacturer of breath-test equipment used throughout the state to determine blood alcohol content (BAC) in suspected Minnesota DWI arrests. While publicly stating confidence in the Intoxilyzer 5000EN, the lawsuit stems from the legal impact of not being able to review the software used to determine BAC in drinking and driving cases. Whereas the contract between the state and CMI of Kentucky Inc allows access to the equipment’s ‘source code’, CMI has refused to provide it, citing proprietary secrets.
In its lawsuit the state argues that CMI’s refusal to provide the source code has lead to numerous, sometimes contradictory, lower court rulings about the admissibility of breath-test evidence in Minnesota drunk driving trials.
Minneapolis DWI attorney Marsh Halberg of Halberg Criminal Defense says that without access to the computer program’s source code, there is no way of determining the accuracy of the equipment’s results. That could result in motorists who do not meet the legal definition of Driving While Impaired in Minnesota still being charged with a drunk driving offense.
According to Minnesota DWI law, breath test results are presumed reliable and can be introduced as evidence in a drinking and driving case. Accused motorists however have the right to challenge the evidence. Not having access to the source code limits the defense team’s ability to question accuracy and calibration issues. Judges in more than 100 cases, including those on the state’s Supreme Court, have established the defendant’s right to have access to the computer program.
It was a recent Supreme Court decision affirming the right of the accused to have access to the code that set off the decision to sue CMI.
For further information on this issue, visit this link: www.twincities.com/ci_8443099.
If you have been arrested for drunk driving in Hennepin County, MN you will need a Minneapolis DWI Lawyer.
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South Mississippi Gets New Weapon Against DUI
Blood Alcohol Trailer mobile unit allows for processing of suspected drunk drivers in the field.
Southern Mississippi law enforcement officers have a new weapon in their effort to catch drunk drivers. Just in time for the holiday season they have taken possession of a Blood Alcohol Trailer, or BAT.
Six southern counties will be sharing the trailer, which allows officers to perform breath tests, complete paperwork and detain up to eight DUI suspects. The mobile unit can be placed in the field, near a DUI checkpoint, allowing law enforcement to process drunk drivers quicker and return officers to patrol. In addition, it is hoped the presence of the trailer on the side of the road acts as a deterrent to drinking and driving.
The Blood Alcohol Trailer was paid for with a grant from the National Highway Traffic Safety Administration and the Mississippi Governor's Office of Highway Safety.
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What is a 'subjective test' for intoxication?
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What is an 'objective test' for intoxication?
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Can beverage carbonation affect my BAC?
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How do biological factors affect my BAC?
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