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OUI Maine ME - Drunk Driving Defense Arrest Guide sitemap RSSFeeds DUI-HELPMenu LawyerDirectory FreeConsultation Bookstore Mission Editorial SelfEvaluation FAQ/ Info Callan Attorney Science Surveys Search More... StatePages GoTo Menu Maine Androscoggin County Aroostook County Cumberland County Franklin County Hancock County Kennebec County Knox County Lincoln County Oxford County Penobscot County Piscataquis County Sagadahoc County Somerset County Waldo County Washington County York County Lawyers Elsewhere 500+DUI law firms Did You Know? You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. OUI Law Maine Takethis Computerized Quiz Legal QuestionsAnswered Stateof Maine Map Info SelfEvaluation QUIZ Find AnAttorney HERE !! DUI BLOG - DWI BLOG - OWI BLOG - OUIL BLOG What was yourblood alcohol level? Important Note: There is no blood alcohol calculator that is 100% accurate because ofthe number of factors that come into play regarding the consumption andreduction (burnoff) rates of different people. Factors include the sex(male/female)of the drinker, differing metabolism rates, various health issues andthe combination of medications that might be taken, drinking frequency,amount of food in the stomach and small intestine and when it waseaten, elapsed time, and others. The best that can be done is a roughestimation of the BAC level based on known inputs. See More ... Whatdoes it mean to beabove the legal limit fordrinking? The“legal limit for drinking” is the alcohol levelabove which an individual is subject to legal penalties (e.g., loss ofa driver's license). Typically, this alcohol level is measured in bloodor breath, using either a blood alcohol test or a breathalyzer,respectively. Legal limits are defined by a government entity (e.g.,state legislature or regulatory agency), and are specific to thesituation that a person is in (e.g., driving a car) as well as thecharacteristics of the person themselves (e.g., their age). Forexample, in most states, the current legal limit for operating a motorvehicle is 0.08%, or 80 mg/dL among drivers who are age 21 years orolder. However, there is zero tolerance for drivers who are underage 21 years, meaning that they are not allowed to operate a motorvehicle with any alcohol in their system. In contrast, thelegal limit is 0.04% or 40 mg/dL for commercial truck drivers.Different legal limits also apply to airline pilots, bus drivers, andto persons operating recreational watercraft. However, it is importantto recognize that the legal limit does not define a level belowwhich it is safe to operate a vehicle or engage in some otheractivity rather, the legal limit is intended to define a level at orabove which an individual is subject to legal action under a specificset of circumstances. Therefore, decisions about the appropriate levelof alcohol consumption in a particular situation should begin with acareful assessment of whether it’s appropriate to be drinking atall. See More ... FAARegulations forPilots Under14 CFR 61.15, all pilots arerequired to submit a notification letter to AMC-700, within 60 calendardays ofthe effective date of an alcohol-related conviction or administrativeaction.For purposes of 14 CFR 61.15(c), alcohol-related convictions oradministrativeactions are referred to as motor vehicle actions (MVA). An administrative action consistsof a suspension, cancellation, or revocation of a driver license.Examples ofadministrative actions include a suspension, cancellation, orrevocation of adriver license for driving with an excessive blood alcohol level orrefusal tosubmit to a chemical or blood test. Airmen should be aware that thenature andduration of administrative actions varies among the states. Forinstance, somestates, such as North Carolina, provide for a 10-day civil revocationforrefusing to test. Other states may impose a lengthy suspension (e.g. 90- 180days) for a similar violation. See More ... What is the Mission of the ImpairedDriving Division? Themission of the Impaired Driving Division is to develop partnershipsto cooperatively save lives, prevent injuries, and reducetraffic-related health care and economic costs resulting from impaireddriving (alcohol and other drugs). 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You can count onthis type of legal representation should you choose to accept one of us. What should you get out of your attorney clientrelationship with one of the experts? Hopefully, you keep a legitimatedriver's license and stay out of jail - i.e. you'll not be convicted ofa drunk driving related charge. We give you the legal help you needright now. Take advantage of our no obligation consultations and emailquestionnaires. Use DUI-Help.com for free consultation(s) and review ofyour DUI / DWI / OUI / OWI arrest or lawsuit. Find OutMore - Many More Links in the Left Frame ~ NewAttorney Listings - Begin Here Alllawyers, attorneys andlaw firms listed are responsible for their advertising. Before hiringany professional, please check them out with your local State BarAssociation or Better Business Bureau. DUI-Help.com is solely adirectory similar to any telephone book. We have no control of theprofessional's administration of legal duties in your case. 1996-2006© DUI-Help.com. All rights reserved. Alexa Report DRUNK DRIVING OUI DUI DWI ARRESTS INALLCOUNTIES AND CITIES OF MAINE Auburn Augusta Bangor Bath Belfast Biddeford Brewer Calais Caribou Ellsworth Gardiner Lewiston Old Town Portland Presque Isle Rockland Saco South Portland Waterville Westbrook at the National Safety Council Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest Get Your Own Breathalyzer! _ Just One Night toorder video We hope you never get arrested for drinkingand driving. Read on ... OurAmazonBookstore will let you find thebest defense for your case if you don't have an attorney, buy theirbooks! BOOKSTORE Translatethis Site! Chinese French German Italian Korean Japanese Portuguese Spanish and others just cut & paste www.DUI-Help.com DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card IsYour Mugshot on the Web ? Do You Need a Degreein Drinking Alcohol ?
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OUILMichigan Drunk Driving Defense Lawyer | OUIL DUI DWI OWI MIP Defense Law Attorney | Possible Defenses to the Breath or Blood Test Get Help Now! Greater Detroit Area " Greater Detroit Area Greater Detroit Area "Patrick T. Barone Site Navigation Return Home DUI Defenses DUI Sample Cases DUI Attorney Info DUI Resources DUI Courts Info DUI Driver License DUI Links You made me feel comfortable from the start and made me feel that you had a high level of interest in my case, and I think that was key in my decision to retain your services.I felt like you had time for me. DUI Defenses Possible DUI Defenses Possible Defenses to the DUI Breath/Blood Test (see below) Beating the DUIBreath/Blood Test Successfully Challenging the Blood Test (.pdf) DUI Exception to the United States Constitution (see below) Prosecutor's Guide to Drugs (.pdf) Some of these documents require Adobe's FREE Acrobat Reader . Lawrence Taylors Speech on "The DUI Exception to the Constitution" "Mediocrity finds safety in standardization." - Frederick Crane [The following lecture, given to a group of businessmen in Washington state several years ago, is ADAPTED (with some minor editing) from the web site of the "Dean" of DUI defense, Lawrence Taylor of Long Beach, California. It is re-printed here with Larrys express permission.] See < www.duicentral.com >. I hope to convince you in the next hour, some of you, convince some of you, in the next hour that the greatest single threat to our freedoms, the freedoms set forth in our Bill of Rights to our Constitution. The single greatest threat is not from China. I dont think its from Afghanistan. I dont think its from the extremists of the Muslim world. The threat as it has always been throughout history is internal . It is from within . I do not think it is from the American Communist party or extremists on the right. I hope to convince a few of you the greatest single threat to our freedoms today is a group of American housewives. They call themselves the Mothers Against Drunk Driving, MADD. I am fully aware that some of you belong to MADD. And I am certainly not here to make fun. Many of you who are in MADD are--have had tragic losses at the hands of drunk drivers. Others of you here do not belong to MADD, but you have contributed to MADD and many more of you here, perhaps most of you here, are in complete sympathy with their goals and their activities. But I hope to convince you after one hour that you might want to reassess your view of that particular organization. And I do not take them lightly in terms of their intentions. But we know that throughout history it is the well-intentioned zealots--those who believe strongly in the rightness of their cause--that are most willing to impose those ideas upon others. I do not, by the way, for a moment suggest that we should legalize drunk driving. I'm going to make that clear at the outset. But it is the true believer who is the greatest threat. And I should at the outset acknowledge my tremendous debt to Mr. Eric Hoffer who wrote the book, The True Believer . He was a longshoreman when I was going to school at Berkeley in the 60s. He did not have a high school education, but was teaching Philosophy at the University of California Berkeley and wrote this tremendous little jewel of a book that has been terribly influential in my own thinking. I would like you to imagine for a moment that youve gone to a friends house for dinner. In the course of a very good dinner youve had a couple of glasses of a good Shiraz and it is now time to drive home. I would like you to imagine that you are on your way home--and, I will tell you parenthetically, by the way, that two glasses of wine will not, in any state, put you under the influence of alcohol or over the legal limit of .08, or .10 depending on your home state. As you are driving along the highway, you see ahead of you some flashing lights and barricades and police cars accordioned across the highway, with flashing lights directing you into an increasingly small channel. And, as you go in, you are stopped and two police officers approach you and stick a flashlight in your face and say, "Breath on me. Have you been drinking tonight? Please step out of the car." Some of you say, "Well that cant happen in the United States. We have the Fourth Amendment to the Constitution, which says, 'police officers have to have probable cause to stop you. They have to have a reason to believe youve done something criminal before they can stop and detain you.'" And so said the Michigan Supreme Court in the case of Sitz versus Michigan . The Supreme Court of Michigan said, "The Fourth Amendment does not permit these types of roadblocks." And reversed the DUI conviction. They went up to the United States Supreme Court, unfortunately, and that august body decided 5 to 4 that somewhere in the Constitution there is something called a DUI Exception. And in a 5 to 4 vote sent it back to Michigan saying there is no violation here. Whats interesting is the Michigan Supreme Court; bless them, for there are fewer and fewer of them, said, "Well, if you will not protect our citizens in the state of Michigan from this kind of police conduct, we will. And we again reverse the conviction and this time we rely upon our own state constitution." The state of Washington and three other states have followed suit. In 46 states today it is legal to stop you for absolutely no reason other than the fact that you are driving a car. The only purpose is to check you out for drunk driving. You have been stopped, you have been taken out of the car and you have been handcuffed. You are placed in a police vehicle and you are on your way back to the police station. About this time youre probably wondering--Ive seen this TV show somewhere--theyre supposed to read me something arent they? Something called Miranda? Arent I supposed to have a right for an attorney? Dont I have the right to remain silent? That becomes an issue because, as youre being driven to jail, the officer's asking you all kinds of questions. Like, "Where have you been?" "Where are you coming from?" "How much have you had to drink?" "How long ago was it?" "When was the last drink?" "Do you feel the effects?" "Where are you now?" "What time of day is it?" Well, again, a state Supreme Court said, "Hey, this persons handcuffed and under arrest, youve got to advise him of his constitutional rights under Miranda." And again, it went to the United States Supreme Court in the case of Berkemer vs. McCarty in 1984. The Michigan vs. Sitz case was 1990, by the way. In Berkemer vs. McCarty , the United States Supreme Court fooled around for about 20 or 30 pages of opinion and finally concluded that there was a DUI exception to the constitution. And that, "Well, we really cant tell you when youre supposed to give Miranda in a DUI case. We do know that it is later than in other types of criminal investigations." So, U.S. Supreme Court has told us we dont know when Miranda is supposed to be given in DUI cases, but it is clearly some time later. Well, about this time you arrive at the police station and the officer takes you into a room and there is this little metal box about the size of an IBM typewriter. Some of you may remember those. And he says breathe in here. And you say, "Wait a minute, I have a right to an attorney. Can I make a phone call?" "No", says the officer. And, hes right. However, this denial of access to an attorney is only applicable in DUI cases. Hes right. Youre about to give the most incriminating evidence possible to give in a DUI case and you have no right to seek the advice of an attorney as to whether to breathe into that machine or to agree to submit to a urine or a blood test, in the alternative. And Im only touching on a few of the problems. In California, for example, and in many other states, the law says you have a right to choose between breath, blood and urine. It is your choice. We have discovered in California, however, through our own Supreme Court that when the officer doesnt give you that choice--just makes you breathe into that little black box--thats okay. Theyre not supposed to do it, but theres no remedy. Theres nothing that can be done about it, so says the California Supreme Court. You cant suppress the evidence. Police are not stupid, so now about half of them simply dont give you that choice, since nothings going to happen if they dont. So, you find out that you have no right to consult with an attorney. Your next thought is, "I dont know if I trust that little machine. Maybe I should refuse to breathe into it. I think Im okay because, because as I remember, theres a Fifth Amendment right in the United States Constitution that I dont have to incriminate myself, and, not only that, but if it goes to trial, the prosecutor cannot even refer to the fact that Ive exercised my Fifth Amendment right." The South Dakota Supreme Court, in Neville vs. South Dakota agreed a few years ago and they said, "This gentleman refused to incriminate himself by breathing into that machine and it was reversible error for the prosecutor to comment upon that to the jury and tell them that he refused, because he knew he was guilty." Now youre probably ahead of me, guessing the outcome here. It went to the United States Supreme Court. The United States Supreme Court, in South Dakota vs. Neville in 1983 said, "Theres a DUI exception to the Fifth Amendment. There is no right to refuse and the prosecution can comment freely in trial upon that refusal." And they sent it back to South Dakota. And South Dakota said, "If you in Washington, DC will not protect our citizens, we will rely upon our own state constitution," and they reversed it again based upon the South Dakota constitutions provisions against self-incrimination. Unfortunately, thats the last story I have of the State Supreme Court exercising protections of its own citizens. So, you decide youre going to breathe into that machine. And you do. You breathe into one end and out comes a piece of paper at the other end that says your blood alcohol concentration is 0.13. Now, at this point, in most states, the police are supposed to give you a choice as to whether you want urine or a blood saved as well, so that you have something for your defense attorney to examine with an independent analysis rather than rely upon a crime lab of that very same law enforcement agency. This is called the Trombetta Advisement. They dont give it usually. Theyre supposed to, but if they dont, no harm, no foul and so it is rarely done. Its called the Trombetta Advisement because a few years ago, in 1984, a defendant in California said, "Wait a minute, that machine captured my breath and minutes after analyzing it, just purged it into the room air. It could have saved the breath. (Very easy to do. Costs about $1.50 per sample utilizing a special kit to just preserve it.) It could have saved the breath and then my attorney could have had it analyzed by a separate laboratory by a more exact and reliable testing method. You have destroyed evidence that I could have analyzed and may have been exculpatory." This went to the United States Supreme Court and in 1984 in the landmark case of Trombetta vs. California , the Supreme Court found yet another DUI exception to the Constitution and said "Well, it would be nice if they saved the breath, but theres no obligation to do so. And, destruction of that evidence, unless you can prove that it would have been exculpatory, has no impact." So, today it is all right to destroy the evidence after you get your own results and make sure the defense doesnt get access to it. Finally, youre rather outraged because you know youre not under the influence. You know youre not over .08, which is the California standard and the standard in about a third of the states today. And in 5 years will be the standard in all of your states because the federal government is telling you thats what its going to be. And the Mothers Against Drunk Driving are ensuring that happens. You decide to go find one of these people completely without any social value and ask them to represent you in trial. You want to tell a jury of 12 of your peers what happened. You want to give your version. So you tell your attorney, "I want a jury trial." Your attorney says, "I am really sorry, but you cant have one. You see we dont have jury trials for DUI cases in this state, because in 1989 the United States Supreme Court in Blanton versus North Las Vegas , a DUI case, said, "There is no Constitutional right to a jury trial in a DUI case, so long as its not punishable by more than six months in jail." So, in several states today, including Nevada, Louisiana, New Jersey and Hawaii you have no right to a jury trial. And the Mothers Against Drunk Driving and a few other organizations are doing everything they can to make sure there are no jury trial rights in other states as well. All right, weve taken a look at what happens to you as you go through the process in terms of any Constitutional rights you thought you had. And if youd been charged with burglary, murder, rape, you would have had those rights. At least for now, until THOSE rights are taken away, utilizing the same "necessity" argument used for DUI prosecutions. Now, lets take a look at what the crime or DUI really is. What is the offense you just committed? I will tell you, that when I have clients come in the door, almost none of them know what the crime is, and probably half of them dont know if theyre guilty or not. In the beginning there was a law. That law said thou shalt not drive under the influence of alcohol. Period. It was a good law. We need it. It addressed the problem. It was fair. Unfortunately, there were some defendants being acquitted, after they sought trial with a skilled trial attorney. And so an inventor came along and said, "Well, Ive got this super neat little gizmo here. I will call it the Breathomatic. Its a box and if you breathe in this end, out the other end comes this piece of paper and itll tell you exactly how much alcohol is in the persons blood, which is telling you about impairment of the brain." Well, that sounded pretty cool. And so legislators and prosecutors and MADD approached the American Medical Association and said, "Weve got this great machine. Can you tell us at what level of alcohol concentration a person is impaired in their ability to drive a vehicle?" And the AMA said, "After extensive research it is 0.15 grams percent." This was about 30 years ago... 0.15 percent. Well, that was okay for a while, but a whole lot of people STILL were not getting convicted. Part of the problem was there was only a presumption that you were under the influence. In other words, the jury could accept if you were over a .15 that you were under the influence, or they could reject it and say other evidence shows that he wasnt under the influence. Second problem is that a lot of people were coming in at 0.13, 0.14, 0.12. Third problem is, you were 0.15 at the time of the test in the station, but what were you an hour earlier when you were driving? So, those organizations went back to the AMA a few years later and said, "Are you sure about that 0.15. Couldnt it really be a little lower?" And the AMA said, "You know, youre right. Its a 0.10." Now, the human body, to my knowledge, had not changed in those 20 years, but certainly the American Medical Associations research did. And replied to considerable political pressure. So, now jurors were told that they could presume guilt if there was a .10%. A dramatic change in "the number". Unfortunately, there were still skilled criminal defense lawyers out there and there were still acquittals, and the Mothers Against Drunk Driving, a very effective, very well financed organization, as some of you here know, was very successful by working through a federal agency called National Highway Traffic Safety Administration in putting pressure on states to FURTHER drop it to .08%. And I indicated earlier, about a third of the states have done exactly that, the others are following suit. Well, theres no question, there are fewer acquittals now and the prosecutors were increasing their conviction rate. But, there were still some acquittals. And so MADD and the other federal agencies decided to change the law further. More accurately, MADD came up with another law. This is called the per se law . If we cant convince jurors that a person is under the influence over .08 we can make it a crime to merely drive while having a BAC over .08. The crime is being over .08 per se. We dont care if theyre intoxicated or impaired. If the person has a BAC level over .08%, or .10% blood-alcohol perhaps, in your state; that is a crime. Not only that, lets keep the original law. So, now we give the prosecutors two shots to obtain a conviction whenever a test is taken by a suspect. If they cant convince the jury hes under the influence, well then maybe they can convince them he was over .08, even though he was not under the influence and visa versa. Well, this once again certainly increased the conviction rate, and the number of acquittals continued to drop. But there was a problem. Acquittals were still happening. New, creative and detailed attacks began challenging the technology involved in breath alcohol analysis. The gist of the attacks by criminal defense lawyers was based on the machine, to put it simplistically, assuming that you are an average person. Okay? It is measuring the breath. It is supposed to be measuring the alcohol in the vapor of the alveolar air in the deep lungs that you expel, and is analyzed in the machine. The machine is telling you how much alcohol is in the blood. Not in the breath. There is what we call a partition ratio . To put it simplistically, the machine has a very primitive Z80 computer inside it. There are different machines, but the computers will all report, "Well, if youve got this "result" from the breath, there must be 2100 times as much in the blood!" Using a multiplier inside the little computer, thats what it prints out. But the computer is assuming that your partition ratio is 2100. Problem? Very few people have a partition ratio of 2100 to 1. It ranges anywhere from about 1100-to-one up to 3500-to-one and higher. And there is no way of knowing at the time of testing what your partition ratio was because medical studies have shown that the partition ratio changes within an individual all the time. One person is going to be very different than the person sitting next to him. Your partition ratio tomorrow is going to be different than what it is right now at this hour. Well, what does that mean? It means if you blow, let's say, a 0.11 and you have a 1300-to-one partition ratio, that 0.11 is really 0.07. Youre innocent. Your crime, unfortunately, was not being average. Well, a few defense attorneys were able to master the technology involved and attorneys usually go to law school because they failed physics, chemistry and so on in college. But, a few of these defense attorneys were actually learning how this machine worked. And they thought, "Whoa! Theres an assumption here, 2100-to-one," and they cross-examined the expert from the law enforcements crime lab and said, "Isnt it a fact?" And the guy would hem and haw and so on, and say, "Well, yeah." Acquittal . The 2100 to 1 ratio issue is still a viable defense in a lot of states. Not in California anymore. In California, our Supreme Court, which is slightly to the right of the U.S. Supreme Court, said, "No, not really because see what youre doing is youre measuring the alcohol on the breath. Youre not measuring the blood directly, youre measuring on the breath, and therefore we dont have to have a partition ratio." Now, you probably dont appreciate the complete idiocy of that statement, because the California Supreme Court did not understand the technology involved. And it was an eight-to-one decision. The dissenting justice said, Joyce Kenner had said, "Do you realize that we just created a new crime called driving with "alcohol on your breath"? And she was absolutely right. Thats what the Supreme Court of California did. Result? If I now ask a law enforcement crime lab expert on the stand in front of a jury, "Isnt it a fact that the partition ratio you used assumes an average of 2100-to-one?" I will be held in contempt of court and jailed by the judge. If I try to bring out the truth, I will be jailed as a criminal defense attorney. Im not exaggerating. And Im telling you that this is true in approximately four other states. I have lectured in 36 states to lawyers' groups, bar associations, and so on, so Im somewhat familiar with the different states and their different approaches. All of which are becoming much more standardized as the Federal Government continues to step in. Well, that made things a lot easier for prosecutors to convict in California. Again, the conviction rate continued to go up. It became more and more difficult to defend people accused of drunk driving. I did not say "guilty". Accused of drunk driving. Well, but theres still lots of defenses left, because, as I will I hope I will have time to get into, this machine is, to say the least, unreliable. But one of the problems is called retrograde extrapolation . And I alluded to it earlier. And that is, well its all well and good, he was a 0.11 at the time that he breathed into the machine at the police station. But its not against the law to be over a 0.08 in a police station. Its against the law to drive a car over 0 .08. What was it at the time he was driving? Well, that caused prosecutors a lot of problems. And so most states, almost all states, passed a new law with the assistance of the Mothers Against Drunk Driving. And that law said, "Any test within three hours that results in a blood alcohol reading, it shall be presumed that it was the same at the time of driving." Even though we know absolutely, as a matter of science, fact, that that is not true. Well, that again raised the conviction rate, except it was a rebuttable presumption. In other words, you could introduce evidence that that simply wasnt true. And so now, to make a depressingly long story short, some states are beginning to pass laws saying that the crime is having over .08 at the time you breath into the machine. And they dont care what you were when you were driving the car. Notice how weve gotten further and further and further away from the evil we were trying to cure. And that is: "Were you impaired by alcohol when you were driving your car?" Okay. Lets take a look at this machine. The vast majority--in most states there is no urine test, and if there is a blood test, youre usually not going to have access to it for later, independent analysis. In the vast majority of cases, because its cheap, easy and fast, youre going to be breathing into one of these machines. Let me just give you a real quick rundown on breath test device "theory". Incidentally, the book I wrote on Drunk Driving is about 1200 pages in length, of which nearly 400 pages are just on the technology of breath machines, so this is going to be very cursory. But, I think, for purposes of illustrating some of the problems, it will help. Basically just taking, as I said, the alveolar air, injecting it through a tube into a sample chamber and capturing it in that chamber. Its a little 81 cc tube. Nickel-plated in most of the machines. And, by the way, there are a lot of different manufacturers of these different machines, different types, but well get into that in a moment. These machines rust and corrode inside. The sample chamber gets pitted, it absorbs or retains in these "pockets" alcohol from previous subjects, and so on. But lets just say for purposes of theory it captures a sample, a given volume of lung air, alveolar air. At one end it has a projector that projects infrared energy, infrared light, a beam through the chamber. The light passes through your breath that is passing through that little chamber. Now, at the other end of the chamber is a detector that "receives" the light from the other side. It then measures how much of this infrared energy gets ABSORBED and does not reach the other side of the chamber, where the detector is located. It "measures" this DIMUNITION of light by comparing the original intensity of the light to the diminished intensity of the light, multiples it by 2100, and spits out "a number". Now the theory of infrared spectroscopy, as applied to DUI cases, states that there is a part of a compound called the methyl group and that any compound containing the methyl group, will absorb the energy from this light wave that is traveling at 3.61 microns. The theory further holds that one of those compounds is ethanol , ethyl alcohol. Molecules of ethyl alcohol contain the methyl group as part of its structure. It is resonant with this particular frequency of light wave. So, the more ethyl alcohol in the sample chamber, the more energy is going to be absorbed, the less will get through to the receptor, the higher the blood-alcohol reading will go. Actually, the CONCEPT is fairly simple. Except, again, it is absorbed not only by ethyl alcohol, but also by the methyl group in any similar compound. In other words, it is a stupid machine. It does not differentiate between ethyl alcohol and any other compound. It is what we call "non-specific" for ethanol. Any compound on your breath that contains the methyl group will be detected as alcohol, and reported as alcohol. If you happen to have 32 different compounds containing the methyl group on your breath, it not only will report them all as alcohol, it is cumulative. It will add all of those, including any ethyl alcohol, and then report it in "a number" as ethanol. So, do any of these methyl groups exist in the human breath? There are a number of scientific studies--one of which indicates that there are 102 different compounds found in the human breath that can contain the methyl group. So what you are getting is not necessarily alcohol. What you are getting is some unknown cumulative reading of any of these compounds on your breath. If you had been painting a house yesterday, today you would be registering alcohol on our breath machine. If you had been using solvents, or thinners or glue or anything like this, same result. If you had pumped gasoline into your car and inhaled any of the fumes, hours, even days later, you could be breathing out vapors containing compounds with the methyl group in it. Now the second major problem Ive already mentioned or alluded to, and that is the partition ratio. It is becoming less of a problem as the legal system chooses to pass laws or make rulings that outlaw, essentially, science. A third, and this is just the last example I will give you, is called the mouth alcohol phenomenon . The machine assumes that the alcohol, or whatever it is measuring comes from your breath, and thats why it's multiplying by 2100. Obviously, if it is getting alcohol directly from your stomach or your throat or your mouth, its going to fool the machine and the results are going to go extremely high. It would take a minuscule amount of alcohol in your mouth, throat or stomach to fool the machine and create a pretty high BAC reading. This is called the trapped alcohol or mouth alcohol problem . So, if for example, you burp or belch, and any gases from your stomach, or you have reflux condition, or a hiatal hernia, and any of those gases or liquids "come up" your esophagus, and remnants of the saturated gas will stay there for about 15 to 20 minutes before saliva dissipates it. It will be breathed into the machine, if you are being tested. The machine will report an unknown amount, which will be falsely high. It does not mean youre under the influence. It does not mean youre REALLY an 0.08. Its simply that you had alcohol in your mouth, your throat or your stomach. The police officers are supposed to guard against this by observing you for 20 minutes. They are supposed to sit down and watch you for 20 minutes before giving the test. In all the years that I have been defending, or for that matter prosecuting, DUIs, I dont think Ive ever encountered an officer who actually did that. They are far too busy to fool around with things like that. They will check the box, and SAY they did, but it does not happen and Im not sure they could even tell if a belch DID happen. The 20-minute OBSERVATION period is a safeguard, but one that the police ignore. So, these are just three examples. There are hundreds of things wrong with these machines, not just theoretically, but applied to the machines themselves. How accurate are they? Theyre accurate-- they're close enough for government work. In California, for example, the standards of accuracy---by law---are that you MUST have duplicate analysis (two sequential tests) and each result must be within 0.02% of the other. That means you'd have to take two tests. If the first one, just to use a number to make it mathematically easy, if the first one is 0.10%, the next one has to be 0.08, 0.09, 0.10, 0.11 or 0.12. Think about it: a 40% range of error is scientifically accurate in a case where the State must prove your guilt beyond a reasonable doubt. In most states, a 40% range of error is considered to be "acceptable accuracy". Good enough for GOVERNMENT work. The people that make these machines---and I have never referred to them as instruments--- the people that make these machines keep coming out with new models. Theyll come out with a model and call it "state-of-the-art", "foolproof", "fail-safe", and then two years later they come out with a new model that takes care of all of the problems found to have existed with the first model. Meanwhile 100,000 people have been tested on the "old" device (which is quietly "retired" from service), yet none of those convicted can re-open their guilty pleas, or undo the damage done to their lives and careers by the MACHINE. Then a competing breath manufacturing company comes out with a new and improved model that takes care of the "problems" with their competitors new model. And this is a fairly regular battle of the manufacturers, year after year. If you look at the warranties---it is sort of interesting---none of the breath machine manufacturers warrant these things to actually test blood alcohol. If you read the warranties, there is no warranty for "fitness for a particular purpose". That's a legal phrase. Basically it means they dont want to get sued by somebody if there is a false reading. So they will not even warrant these things to do what theyre selling them to do. The standard warranty, for a total breakdown of the device, is about one year--about what your toaster is warranted for. Similar warranty periods. The difference between the two machines? Your toaster is warranted to toast bread. Okay. Science and law. Right off the bat weve got a problem. Science, if you can define it, would be, I would say, the systematic pursuit of truth. The objectives of law are very different. It is a governmental mechanism for imposing order, structure, predictability, security, and confidence of the public in its institutions . The law is not concerned with truth. It is important to understand the entire DUI field. To understand it you must understand the difference. Hundreds of years ago a guy named Galileo said, "the universe is really not FLAT, the way the Vatican says it is". You saw what happened to Galileo. The government, for saying such things, based on SCIENCE, executed him . Have we progressed? Not if a lawyer tries to tell the truth to a jury about the LIMITATIONS of a breath machine, and, in doing so, is thrown in jail for properly and zealously representing his/her client. I would say we have not come all that far since Galileos days. Now lastly, as to what youre looking at as you imagine going through these different procedures, I would just very briefly, as to punishment, rather than going through all the horrors of DUI punishment today, complexities of punishment today, other than to say in California youre better off as a first offense burglar or for committing felony grand theft than you are as a first time misdemeanor DUI offender. At least as a felon, you can request "first offender treatment", or possibly "conditional discharge" for some fairly serious crimes, but such a "record-clearing" solution is UNAVAILABLE for all DUI offenders. In closing, I will comment on two things. The Mothers Against Drunk Driving have been very active recently in trying to get "Scarlet Letter" laws passed. They almost did it two months ago in California. Came close. The Scarlet Letter law is: if you are convicted of a DUI, you must have a big bright red license plate saying the big scarlet letter "DUI" on it. Your wife has to drive it. Your kids have to drive it. You would not be able to rent a car, whatsoever, because the tag would be lacking your "badge" of dishonor. You must carry that brand on you, says MADD. It must remain with you for as long as you drive a car for whatever period of time. It did not pass last time. But, as MADD knows, there is NEXT YEAR. The other comment is about a case many of you may have heard about in North Carolina. Now, we have never executed people, weve never, until recently, given the death penalty for a crime unless there was pre-meditation of the offender. Intention to kill and time to reflect upon that and then to carry out the plan and cold-bloodedly murder. Some exceptions have been added: Killing a police officer; multiple murders; murder by torture; murder for ransom. In North Carolina this year there was a DUI case involving an accident. Another person died. It would, in any other case, in another state, likely be a vehicular manslaughter case. It was not an intentional act. It was negligent; it may have been reckless. And the prosecutor sought the death penalty. The death penalty. Fortunately, they didnt get it. My understanding is that the defendant was convicted of MURDER and only received LIFE IN PRISON, but I dont know. So, in the DUI field you have unfair procedures. You have false evidence. You have wholesale erosion of rights. But, some may rationalize, "at least the DUI-caused fatalities are falling correct?" If you believe the statistics from the Mothers Against Drunk Driving and National Highway Traffic Safety Administration, that would be correct. If you look at it more closely, youll find they start using terms like "alcohol-involved", "alcohol-related", and those statistics start changing to justify what they have been doing for the last few years. The numbers have been gerrymandered so that if ANY person involved in ANY way in the "accident" had ANY alcohol in his/her system (even 0.01 per cent), MADD counts that (and our federal government counts that) as an "alcohol-related" death. So, what is happening in the DUI field? Same thing thats always been happening. The real danger to your lives, to my children and your childrens lives, are from recidivists. Statistically overwhelmingly, the risk lies with recidivists. People that have driven drunk repeatedly. Which is a relatively, despite what MADD says, a relatively small percentage of those who are arrested. Problem? How do you reach those people? Can you affect the incidence of death caused by DUIs by increasing the punishment? As to those recidivists, and I tell you--no. You are trying to use the legal system to address what is at least a medical, perhaps psychological, but in my opinion, absolutely a genetic problem. Now that sounds like an easy cop-out for me. I wrote a book about 15 years ago called Born to Crime, The Genetic Causes of Criminal Behavior, so I suppose that I am a little bit biased, but Im basing what I say upon defending thousands and prosecuting thousands of DUIs and Im absolutely convinced that it is genetic in origin. And I think the studies, and one of the chapters of that book Born to Crime was devoted to alcoholism--the studies are overwhelming. If my own experiences with clients have not been, those studies certainly are. And so long as you have a system that is geared to behavioral modification--that is, "were going to change his drinking habits by putting him in jail for six months", or deterrence"were going to stop other recidivists from driving drunk because of the deterrent effect", then youre fooling yourselves. Do I have an answer? No, I dont. But I know that system isnt working, and in the meantime you are destroying the Constitutional rights that weve all previously enjoyed. Since 1979, when Candy Lightner started MADD, those all-important rights have taken a blood bath. Again, the legal system is not concerned with truth. And it may come as a shock, but it is not. It is concerned with order, stability. If the legal system were seeking truth, the government would not falsely assume that theres a 2100 to 1 partition ratio. If the legal system cared about truth, they would not conclusively presume that your blood-alcohol was the same "number" three hours earlier, when the government knows it is not. If they sought truth, they would recognize that these machines are non-specific, among other problems. The legal system is not concerned with justice, either. It is concerned with expediency, not justice. If they were concerned with justice, they would not permit roadblocks. They would not presume guilt. They would not pass laws refuting scientific truth. I just said, "They would not presume guilt." That was another DUI exception to the constitution that I didnt tell you about. One other thing the police officer does after he has you breathe into that machine, if youre over .08, is that he immediately grabs your license and confiscates it. This is another contribution from MADD. Immediate seizure of the license in about 48 of the states today. On the spot. Justice administered by the police officer. No judge. No jury. You are presumed guilty. Your license is confiscated and you are given a notice of suspension. What happened to the presumption of innocence? Well, its that DUI exception again. You are presumed guilty. To make matters even worse, about 5 years ago a California "proposition" was placed on the ballot. The question: "Should we, the people of California, eliminate our STATE constitutional rights, and only retain those constitutional rights REQUIRED to be kept by the United States Constitution?" Amazingly, after a well-financed television campaign by ultra-right groups who found the Constitution to be a shield for criminals, the people of California voted to NOT HAVE ANY STATE CONSTITUTIONAL RIGHTS! For the first time in recorded human history a democratic group abandoned hard-earned rights and legal protections that their forefathers has sweated, bled and died to obtain. Welcome to America! Welcome to "the land of the free and the home of the brave." Return Home
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DUI Lawyer Massachussetts DWI CTDWI | Connecticut DWI Defense | Find a Connecticut DWI DUI Lawyer Right Now • About • Free DWI Resources • DWI Laws • DWI Penalties • Client Resources • DWI Book • Contact 12 Point Client Commitment Before your hire us: 1. No Voice Mail...Ever. You will always speak to a live person, 24 hours a day, 7 days a week, every day of the year. 2. A FREE, no obligation, no commitment consultation with one of our highly trained attorneys to immediately assess your situation when YOU are available 3. A detailed explanation of the DUI justice system in easily understandable language - no "lawyer speak" 4. Specific, clear instructions to guarantee you do not miss a deadline in securing your rights with the Department of Motor Vehicles - even if you do not hire us. 5. A complete and detailed breakdown of the legal fee and additional costs which you are facing. No hidden costs or hourly add-ons to break your budget After you have hired us: 6. Complimentary use of our Per Se DMV service, a former DMV hearing officer will review your file to establish each and every defense you have to the automatic suspension of your license. We are the only firm in the state who has a former trained DMV hearing officer on staff to aid in your defense. 7. A full and complete investigation into all the important facts in your case 8. Regular updates on your case status by our trained staff 9. Referrals to psychological and substance abuse programs if needed 10. Mailed and telephone contact reminders for court dates When your case is done: 11 File maintenance for 7 years in a password protected secure digital format 12. Continued updates of the law as it may impact your life and licenses, direction to a highly qualified, screened attorney for ancillary legal matters and advice on how to handle disclosure of DUI arrest after case is dismissed with explanatory letters to interested parties as necessary Recent News & Updates Tuesday, January 24, 2006 Great Victories come when you prepare for trial On Monday, January 23rd, we were able to successfully resolve 2 very complicated cases. First, in a case with an alcohol test over .23 (nearly 3 times the legal limit) and an admission by the client (with a prior DUI conviction) that he was drunk, we were able to convince the prosecutor to DROP ALL the charges. Only moments later we were able to successfully negotiate for a series of infractions for another client with multiple prior offenses totalling less than $500. In that case the breath tests were .245 and .219 - well over the legal limit. Being aggressive and preparing for trial sometimes gets great pretrial results posted by Jay Ruane at 2:57 PM Online Interactive Questionairre Click Here to Start Your FREE Consultation Right Now! A message from Attorney Jay Ruane 30 Second Video Clip Attorney Ruane on... 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript Frequently Asked Questions Q: Should I agree to take a chemical test? What happens if I don't? A: Every case is different and because of that you cannot have a single answer to this question. In most circumstances, adding to the evidence the state will have against you is inadvisable. Read more Frequently Asked Questions Ruane Attorney Experience... While results obtained depend on the facts of each case, our DUI Defense experience in Connecticut has resulted in NOT GUILTY verdicts and/or total dismissal of all charges in cases where: accidents have occurred clients drove the wrong way on the highway clients have failed all field sobriety tests breath test results over twice the legal limit blood test results almost twice the legal limit a client urinated in front of the arresting officer clients have admitted to being "drunk" on video tape Click here to learn more about Ruane Attorneys . Testimonials James, I just want to take a minute to thank you for your services in helping me out in a time of personal crisis. Your professionalism and integrity was greatly appreciated. If there is anything I can do for you in the future, please do not hesitate to give me a call. I am at your service. Sincerely Yours, David K. Read more testimonials Free Book Offer Get a FREE copy of Jay Ruanes DUI Defense book for citizens ( more info ). Book Request Form Full Name Email Address What Your Fee Gets You Other Lawyers Ruane Attorneys All Criminal Court Appearances X X DMV Hearing Represented Included in Fee X Per Se DMV Review and Research X Personal Case Managers X 24 Hour availability X Free Retrieval of DMV Discovery Packet X Handling of All Schedulng and Paperwork X One Flat Fee without Hidden Costs X Attorneys in Other Areas Dallas DWI Lawyer California DUI Attorney Oklahoma DUI Lawyer Massachussetts DWI Attorney 2002-2005, James O. Ruane, Esq. All Rights Reserved. Created by Meticulous Please also see Connecticut DUI Laws | CT DUI Laws Connecticut DWI Laws | CT DWI Laws | CT DUI/DWI Defense All Material contained herein is for informational purposes only and should not take the place of consultation with an attorney of your choice.
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Miami DUISouth Miami DUI Attorneys, South Miami, Florida DUI, Drinking and Driving Lawyers, Drunk Driving Attorneys in South Miami, FL DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment South Miami, Florida DUI Law Information Your law firm banner here - contact biss@lawyers.ca This is a database of South Miami, Florida DUI Law information contributed by Floridadrinking and driving lawyers who practice DUI law in and near South Miami, FL and who are members of the International Referral Database of DUI,DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys.Participation in the database is free to DUI Defense lawyers. The aim of thedatabase is to provide the public and colleagues in other states and provinceswith a great deal of good quality information about local DUI laws and practice. If the databelow is incomplete, please encourage local attorneys to join and add helpfulinformation. If aparticular DUI attorney's name is not mentioned, he or she may not yet havejoined the database or they may not have specifically listed "South Miami" in the region fieldof their profile. If aparticular DUI courthouse is not detailed, it may not yet be entered in the database orno one has listed "South Miami" in the cities ortowns served fieldof that courthouse. You willfind helpful information about any criminal law courthouses found in South Miami, Florida, andperhaps motor vehiclelicense offices in South Miami, Florida. Below you will also find linksto Summaries of DrunkDriving Law for Florida,information about what to do on first attendance in DUICourt in the greater South Miami, Florida area, what clothing you should wear in DUI Courtif you are in South Miami, Florida, and why youshould be early for Court in South Miami, Florida. There are links tolistings of Florida DUI CriminalLaw Courthouses and motor vehicle offices throughout Florida. Follow theBAC instrumentslinks and standards links to find out about the breath alcohol concentration (BAC) instruments usedin Florida. FL DUI Drinking andDriving laws can becomplex. DUI Legislation may be found by following the links to the Floridadrinking and driving statutes. No courthouses entered yet for this community. Local DUI attorneys are welcome to add a separate web page for each of the DUI courthouses in this jurisdiction, each linked from this page and each containing your advertising banner on top with links back to you. Each courthouse page can also contain a telephone directory for the courthouse with a separate web page for each government office in the courthouse. Multiple pages created by you mean multiple hyperlinks back to your own site. Contact biss@lawyers.ca for more information.. Index of DUI Courthouses in Florida No DMV offices entered yet. Paid banner advertisers are invited to add licence offices each with their own profile and advertising banner. Index of Motor Vehicle Offices in Florida Index ofCounty Lawyer Association Pages in Florida Index of Cities, Towns, Boroughs, and Villagesin Florida Database of DUI Attorneys and Lawyers in and near South Miami, FL If you are a Florida DUI Defense Attorney and you would like toparticipate please click AddingYour Firm . If you are already a member of the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys and you practicein or near " but your namedoes not appear in this list for South Miami we suggestthat you specifically add "South Miami" to the Region fieldfor your profile along with the name of every city, town, village, and suburbwhere you practice. No records returned. Florida DWI DUI OWI OUI Information Summaries of DUI Law for Florida What to Do On DUI Court First Appearance What to Wear to DUI Court Being Early for DUI DWI Court Directory of DUI Courthouses in Florida Directory of Motor Vehicle Offices BAC Instruments used in DUI Court Cases DUI Breath and Blood Collection Standards and Departments Responsible DUI Legislation in Florida Substantive DUI/Excess Alcohol Offense DUI Refusal Offense/Presumption DUI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI Penalties Suspension on Conviction, Prohibition DUI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DUI Reciprocal DUI Agreements Constitutional Rights in DUI Cases Other Criminal Non-DUI Legislation DUI Attorneys - Lists by County in Florida List of DUI Attorneys and Practice Descriptions Avocats DUI, droit criminel Adwokaci DUI, prawo kryminalne List of DUI Forensic Experts and Practice Descriptions State/Province DUI Data and Links to DUI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI and Criminal Defense Character Reference Letters Articles and Writings Florida DUI Attorney Articles and Writings Florida DUI Lawyer Articles and Writings Florida Drunk Driving Attorney Articles and Writings Florida Drunk Driving Lawyer Articles and Writings AddDL Lawyers and DUI Information in Florida Cities and Towns DUI Attorneys in Warm Mineral Springs, Florida DUI Lawyers , Warm Mineral Springs, FL Drunk Driving Lawyers DUI Attorneys in The Hammocks, Florida DUI Lawyers , The Hammocks, FL Drunk Driving Lawyers DUI Attorneys in Sugarmill Woods, Florida DUI Lawyers , Sugarmill Woods, FL Drunk Driving Lawyers DUI Attorneys in Hypoluxo, Florida DUI Lawyers , Hypoluxo, FL Drunk Driving Lawyers DUI Attorneys in Cypress Lake, Florida DUI Lawyers , Cypress Lake, FL Drunk Driving Lawyers DUI Attorneys in Black Diamond, Florida DUI Lawyers , Black Diamond, FL Drunk Driving Lawyers DUI Attorneys in 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DUI Attorneys in Tavernier, Florida DUI Lawyers , Tavernier, FL Drunk Driving Lawyers DUI Attorneys in Zolfo Springs, Florida DUI Lawyers , Zolfo Springs, FL Drunk Driving Lawyers DUI Attorneys in Chula Vista, Florida DUI Lawyers , Chula Vista, FL Drunk Driving Lawyers DUI Attorneys in Williston Highlands, Florida DUI Lawyers , Williston Highlands, FL Drunk Driving Lawyers DUI Attorneys in Yankeetown, Florida DUI Lawyers , Yankeetown, FL Drunk Driving Lawyers DUI Attorneys in Ramblewood East, Florida DUI Lawyers , Ramblewood East, FL Drunk Driving Lawyers DUI Attorneys in Marineland, Florida DUI Lawyers , Marineland, FL Drunk Driving Lawyers DUI Attorneys in Milton, Florida DUI Lawyers , Milton, FL Drunk Driving Lawyers DUI Attorneys in Haines, Florida DUI Lawyers , Haines, FL Drunk Driving Lawyers DUI Attorneys in South Apopka, Florida DUI Lawyers , South Apopka, FL Drunk Driving Lawyers DUI Attorneys in Greenacres, Florida DUI Lawyers , Greenacres, FL Drunk Driving Lawyers 3 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.
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DUI / DWI, Drinking 
