Posted on 25th February 2010 by admin in Uncategorized
driving under the influence, drunk driving, DUI defense lawyer
A breath test is an important aspect of any DUI arrest. Either a breath test or a blood test can be conducted after an arrest to show the exact level of inebriation that the suspect was arrested for. However, due to the careful laws in place to protect due process and the privacy rights of the driver, it is important to know what needs to be done so a breath test can be admissible for the case.
Working Breath Machine
Because the breath test is completed by a machine, which can break, the test needs to be properly maintained at all times. For this reason, all breath tests must be conducted in pairs with only a +/- 0.02% difference between each test. If there is a higher percentage difference between readings, it might mean the breath testing machine was not working properly and that the sample cannot be admitted as evidence of DUI.
Properly Obtained
There is a very clear outline for how an arresting officer can obtain a breath sample. To start with, they must continuously observe you for at least 15 minutes before administering the breath test. This will keep there from being bad results due to mouth alcohol. The officer should be sure you don’t get sick, belch, or burp during the time period. If so, they may have to put off giving you a breath test due to underlying medical conditions that will make the test inadmissible.
Additionally if the test was given before you were arrested, it may not be admissible due to the implied consent law.
Due to the many rules that dictate how a breath test is administered and how its results are interpreted, it is important that a lawyer is hired to review the process and make sure not mistakes or shortcuts were used in the collection process.
This article is not a substitution for legal advice. If you are facing legal action for a DUI, contact a lawyer with experience in the field.
Ensure your breath test is handled properly with the help of Will & Will LLP, Attorneys at Law – Riverside, CA and Orange County region.
Posted on 25th February 2010 by admin in Uncategorized
alcohol, car accident attorney, drunk driving
Alcohol and driving are a deadly combination. Every year, thousands of people lose their lives because an impaired driver made a reckless decision to drink and drive, also causing hundreds of thousands more to be seriously injured.
Effects of Alcohol
Alcohol is a depressant and is absorbed into the blood stream causing a delay in the normal brain function and inability of a person to function normally. Alcohol adversely affects driving-related skills. The following highlights the effects of alcohol while driving a motor vehicle:
- Psychomotor skills – alcohol affects coordination and balance. The mechanics of driving can be affected by reduced eye/hand/foot coordination.
- Cognitive skills – alcohol affects a person’s information processing skills.
- Reaction time- slow reflexes can decrease the ability to react swiftly to situations.
- Vision – eye muscles function more slowly. Eye movement and perception are altered, that may result in blurred vision. Night vision and color perception are also impaired.
- Tracking – also called steering. The ability to maintain the vehicle within the lane limits and in the correct direction while being aware of the driving environment such as road signs can be adversely affected.
- Concentration – attention to driving may decrease and/or drowsiness may occur.
- Comprehension – the depressant effect of alcohol hinders the ability to make rational decisions.
Possible Signs of Drunk Driving
Here are some signs to watch out for. If you see these signs, call the police immediately.
- Speeding
- Driving too slow
- Unable to stay within the lane
- Taking extremely wide turns
- Driving on the wrong side of the road
- Braking erratically
- Speeding up erratically
- Tail gaiting
- Pulling over recklessly
- Driving without headlights
- Stopping inappropriately
We can never educate people enough on the dangers of drunk driving and the consequences it can have on the driver and others around them. People should realize the life-altering effects alcohol and driving can have and to be smart and consider the consequences before getting behind the wheel after mixing this deadly combination.
If you are a victim of a car accident that was caused by drunk driving, immediately contact a qualified lawyer who can advice you of your legal rights.
This information is not intended to replace legal advice.
Additional Legal Resources: Please visit Bloom Legal Law Firm. Serving clients in New Orleans, Louisiana.
