Breathalyzers

Blood Alcohol Level

Blood Alcohol Level: Blood Alcohol Concentration (BAC) Calculations Home 15 Tips California DMV Publications DUI Lawyer Links Law Offices Contact Us Arrested for DUI? How do I calculate my BAC? Will the attorney I hire be the attorney who will actually handle my case? How much should I expect to pay? Is he or she recognized by others as a leader in the field? Will my case be dismissed? What's a "wet reckless"? Is the attorney a member of the National College of DWI Defense? Won't the judge be upset with me if I hire a lawyer and fight the charges? >> More Dui Questions Blood Alcohol Concentration (BAC) Calculations Download EZ-ALC Blood Alcohol Chart Software Click here to download EZ-ALC When you click on the link above to download EZ-ALC, your web browser will ask you where you want to save EZALCSW.EXE. Put it somewhere you'll remember! After it's done downloading, use the "Run" command to run the file and it will automatically install on your computer, with an icon on the desktop, and another one in "Programs" on your "Start" menu. If you don't want the desktop icon, just click on it once, then right-click and select delete from the pop-up menu. Fast Eddie's Simple 8/10 Method for Hand Calculating BAC Click here for an article on how to use Fast Eddie's Simple 8/10 Method (Widmark's formula). Why Do BAC Calculations From Drink History? It's possible to use "Widmark's Formula" to calculate a Blood Alcohol Concentration (B.A.C.) based upon known factors about a person, including their weight, gender, and what amount of alcohol they consumed. It's plain that the defense will want to present expert testimony on this subject to show that the B.A.C. was below the legal limit (Veh. C. 23152(b) and 23155) at the time of driving. Another Reason For Such Evidence The defendant has often admitted at the time of arrest, consuming some amount of alcohol prior to driving. Prosecutors often use such statements to impeach the defendant's credibility. They have the prosecution expert testify as to how much alcohol the defendant had in him at the time of his blood, breath or urine test. Then they have their expert state how many "drinks" the test result means the defendant had to have consumed. The answer usually makes the client look like a liar. And the jury is told that they can't trust anything the client said, like, when he said he was not affected by the alcohol. But your expert can often reconcile the chemical test result with your client's admissions. The defendant's credibility is thereby restored, not only with regard to what he drank, but on everything else in his testimony. Thus, Widmark calculations can be essential not only to showing that the defendant's alcohol level at the time of arrest was below the legal limit, but also to showing that the defendant is not a liar. There is an excellent discussion of how to use the EZ-ALC software in court in, Fitzgerald, Edward F., Chapter 12 "Use of the EZ-ALC Computer Program by Attorneys and Experts", in {NEED LINK} Intoxication Test Evidence, 2d ed. (Deerfield, IL: Clark-Boardman-Callaghan, 1995). Whether you or your expert use the hand or computer calculation method it will be necessary for your expert to testify as to the results. If the calculations have been done by computer your expert can state that he relied upon the statements of EZ-ALC's technical consultant, Randall C. Baselt, Ph.D., for his opinion that EZ-ALC correctly uses Widmark's formula and is scientifically valid. This is no different than an expert testifying that he believes his hand held calculator correctly adds, subtracts, multiplies and divides, based upon the manufacturer's representations that it does that. The program comes with a complete description of how it operates, along with a copy of Dr. Baselt's extensive curriculum vitae, showing him to be a leading authority on the subject. It is not necessary to show that the computer was functioning properly or that the software was working the way it was supposed to (People v. Lugashi (1988) 205 CA3d 632, 252 CR 434 - Case contains an extensive collection of authorities on the subject). For what may be a contrary view see Snyder, R., Assuring the Competency of Computer Generated Evidence (No. 1, Winter, 1989) 9 Computer/Law J. 103-121. See also State v. Pressnall 804 P2d 936 (Idaho CtApp 1991) - Blood Alcohol Concentration (B.A.C.) calculations based upon Widmark formula admissible to rebut Breath Alcohol Concentration (Br.A.C.) evidence; Tarantino, J.A., "Using Computer Generated Simulations in Alcohol Related Trials", DWI Journal, 6 No. 8, Aug. 1991 (Fanwood, NJ: Whitaker Newsletters) 1. California Drunk Driving Law is recognized by thousands of California attorneys and judges as "The Bible of Drunk Driving Defense". It's unrivaled! This site brought to you by the authors of California Drunk Driving Law.

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Driving While Intoxicated law

LegalSurvival.com - Your Online Resource for Free Legal Advice on Personal Injury, Family Law, Small Business Law, Estate Planning, DWI, Criminal Law, and more! D.W.I. Link Newsletter Volume 2 - September 2002 A monthly newsletter devoted to Driving While Intoxicated law in New York State ---------------THIS MONTH'S TOPIC--------------- Enhanced DWI Charges When does DWI become a felony? Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content are usually unclassified misdemeanors. However, Vehicle and Traffic Law section 1193[1](c)(i) makes Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content class E felonies if the driver has been convicted of either Driving While Intoxicated, Driving with Greater than .10% Blood Alcohol Content, or Driving While Ability Impaired by Drugs within ten years of his or her most recent arrest. A driver may also face a felony DWI prosecution if he or she has previously been convicted of Vehicular Assault in the First or Second Degree or Vehicular Manslaughter in the First Degree or Second Degree within the past ten years. What happens if the driver has more than one prior DWI within the past ten years? If a driver has two or more prior convictions for DWI, Vehicular Assault in the First or Second Degree or Vehicular Manslaughter in the First Degree or Second Degree within the past ten years and is arrested for DWI, he or she will be charged with DWI as a class D felony. This charge will be enhanced to a class D felony even if both the prior convictions were for misdemeanors. A driver does not have to have been previously convicted of DWI as a class E felony to be charged with DWI as a class D felony (see People v. Homero , N.Y.L.J., April 14, 1997). When does Driving While Ability Impaired by Alcohol become a misdemeanor? Driving While Ability Impaired by Alcohol is usually a traffic infraction. If a driver has two or more alcohol or drug-related driving convictions under any of the provisions of Vehicle and Traffic Law section 1192 within the past ten years and is arrested for Driving While Ability Impaired by Alcohol, the charge will be enhanced to an unclassified misdemeanor under Vehicle and Traffic Law section 1193[1](a). Is DWAI as a misdemeanor a lesser included offense of DWI? It is not uncommon for a driver to be arrested for Driving While Intoxicated, Driving with Greater than .10% Blood Alcohol Content, or both, and subsequently be convicted of Driving While Ability Impaired by Alcohol. When a driver has two prior alcohol or drug-related driving convictions within ten years, and is convicted of the lesser charge of DWAI, there is a question as to whether the accusatory instrument and proof at trial must set forth these convictions for the enhancement to a misdemeanor to apply. In People v. Jamison , 170 Misc.2d 974 (Rochester 1996), the defendant was charged with Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content. The jury acquitted the defendant of both misdemeanors and convicted him of Driving While Ability Impaired by Alcohol. No proof was offered during the trial regarding the drivers two prior DWAI convictions. Instead, the prosecution argued that it should be allowed to introduce these prior convictions at sentencing to enhance the conviction from a violation to a misdemeanor. The court denied the prosecutions motion for enhancement to a misdemeanor after trial. In its analysis, the court noted that misdemeanor DWAI could not be a lesser included offense of DWI because both offenses are unclassified misdemeanors and that misdemeanor DWAI requires proof of two prior offenses within the preceding ten years while DWI does not. As a result, it is possible to commit DWI without committing misdemeanor DWAI at the same time. While not raising the conviction to a misdemeanor, the court did allow the prosecution to prove one prior Driving While Ability Impaired by Alcohol violation within five years at sentencing for purposes of any potential enhanced sentence (fines, jail term and license suspension) that the driver may receive. 2002 by Michael S. Taheri, Esq., and James F. Orr. All rights reserved, however, no right is claimed to governmental works. This newsletter does not offer specific legal advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. If you have any questions or would like a specific topic covered in the newsletter, please contact Michael S. Taheri, Esq., or Peter J. Todoro, Esq., at Taheri & Todoro, PC, 388 Evans Street, Williamsville, NY 14221, telephone no. (716) 633-0374, e-mail: lawyers@taheriandtodoro.com Click here for the D.W.I. Link Newsletter Archives Michael S. Taheri, Esq., and James F. Orr. All rights reserved, however, no right is claimed to governmental works. This newsletter does not offer specific legal advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. If you have any questions or would like a specific topic covered in the newsletter, please contact Michael S. Taheri, Esq., or Peter J. Todoro, Esq., at Taheri & Todoro, PC, 388 Evans Street, Williamsville, NY 14221, telephone no. (716) 633-0374, e-mail: lawyers@taheriandtodoro.com Home | Prepaid Legal Plans | LS Newsletter | D.W.I. Link Newsletter | Attorney Marketing | Bookstore | Checklists | FAQs | Free Legal Forms | Links and Resources | About Us | Disclaimer LegalSurvival.com 74 Main St. PO Box 31 Akron, NY 14001 Phone: (716) 542-5444 rfriedman@legalsurvival.com © 1996-2006 Victoria Square Publishing Co., Inc. All rights reserved

Arizona DUI LAWS D.U.I.

dui laws, DUI LAWS, D.U.I. Laws dui laws, DUI LAWS, D.U.I. Laws: driving under the influence laws The words dui laws, DUI law, D.U.I, and "driving under the influence", are usedby DUI lawyers and DUI attorneys in United States DUI Law . The expression "DUI laws" is not found in the CriminalCode of Canada. Canadians use terminology other than DUI laws or "driving underthe influence laws". We use the words "impaired driving laws" or"impaired operation laws", or "impaired care or control laws" but not "driving under the influencelaws"or "driving under impairment laws". In Canadian laws it is any impairment byalcohol or a drug of one's ability to operate a motor vehicle combined withoperation that is forbidden, not "driving under impairment" or"driving under the influence" (DUI). It is also a "DUI laws"criminal offence in Canada to drive having more than 80 milligrams of alcoholper 100 mls of blood whether one's ability to drive is"influenced" (DUI) or not . Canada has two main substantive DUI law criminal offences: impaired operation or careor control , over 80 operation or careor control Section 253. Every one commits an offence who operates a motorvehicle or vessel or operates or assists in the operation of an aircraft orof railway equipment or has the careor control of a motor vehicle, vessel, aircraft or railway equipment,whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in theperson's blood exceeds eighty milligrams of alcohol in one hundred millilitresof blood. Impaired operation or care or control in Canada includes operation or care orcontrol of a motor vehicle, vessel, or aircraft while one's ability to operateis impaired by alcohol or a drug to any degree of impairment. This DUI offence isproven by evidence of bad driving and various indicia of impairment observedsuch as slurred speech, difficulty with standing walking turning, red glassyglossy bloodshot eyes, dilated pupils, odor odour of an alcoholic beverage,complexion flushed face, and performance on physical tests. The DUI offence of excess blood alcohol or over 80 is usually proven by breathtests that determine blood alcohol concentration using and approved instrumentsuch as a Breathalyzer 900 900A or Intoxilyzer 5000C. Blood tests are used inDUI cases where breath testsare not practical to provide evidence of blood alcohol concentration. Both Canadian DUI laws are federal criminal law offences. The Crown inCanada can prosecute a DUI in either of two ways. DUI offences are hybridoffences in Canada. The Crown may prosecute a DUI offence by indictment (roughlysimilar to a US felony DUI) or they may prosecute a DUI offence by summaryconviction (roughly similar to a US misdemeanor). The local Crown Attorney mustelect whether to proceed with the D.U.I. by indictment or by summary conviction.Until he or she elects, the DUI offence is deemed to be prosecuted byindictment. Most Canadian DUI offences are prosecuted by summary conviction. The usual penalty for a first DUI offence in Canada is a fine. The minimumsecond DUI offence penalty is 14 days in jail. The minimum penalty for a thirdDUI is 90 days in jail. There is always a DUI driving prohibition and the local province will suspend a DUI offender's driver's licence . If a US citizen or other non-Canadian citizen is convicted of a DUI offencein the USA or a dui offence in any country other than Canada, the DUI offenderwill be inadmissibleto Canada on grounds of criminality, unless rehabilitated , because the DUIoffence is deemed to be a Canadian DUI offence and all Canadian DUI offences aredeemed indictable (similar to a US felony - see above) unless the Crown haselected to proceed with the DUI offence by summary conviction (which will neverhave happened because the DUI offense occurred outside Canada. The situationwill be different if the DUI offence occurs in Canada and the Crown elects toproceed by summary conviction which they normally do. Click the banner for more Canadian DUI laws information. DUI LAWS, D.U.I. Laws, or driving under the influencelaws is, however,an important concept used in the United States. For more detailed DUI legalinformation click on one of the links below: Alabama DUI LAWS D.U.I. Laws in Alabama d.u.i. law in Alabama Alabama dui laws D.U.I. Laws in AL AL dui laws Alaska DUI LAWS D.U.I. Laws in Alaska d.u.i. law in Alaska Alaska dui laws D.U.I. Laws in AK AK dui laws Alberta DUI LAWS D.U.I. Laws in Alberta d.u.i. law in Alberta Alberta dui laws D.U.I. Laws in AB AB dui laws Arizona DUI LAWS D.U.I. Laws in Arizona d.u.i. law in Arizona Arizona dui laws D.U.I. Laws in AZ AZ dui laws Arkansas DUI LAWS D.U.I. Laws in Arkansas d.u.i. law in Arkansas Arkansas dui laws D.U.I. Laws in AR AR dui laws British Columbia DUI LAWS D.U.I. Laws in British Columbia d.u.i. law in British Columbia British Columbia dui laws D.U.I. Laws in BC BC dui laws California DUI LAWS D.U.I. Laws in California d.u.i. law in California California dui laws D.U.I. Laws in CA CA dui laws Colorado DUI LAWS D.U.I. Laws in Colorado d.u.i. law in Colorado Colorado dui laws D.U.I. Laws in CO CO dui laws Connecticut DUI LAWS D.U.I. Laws in Connecticut d.u.i. law in Connecticut Connecticut dui laws D.U.I. Laws in CT CT dui laws Delaware DUI LAWS D.U.I. Laws in Delaware d.u.i. law in Delaware Delaware dui laws D.U.I. Laws in DE DE dui laws District of Columbia DUI LAWS D.U.I. Laws in District of Columbia d.u.i. law in District of Columbia District of Columbia dui laws D.U.I. Laws in DC DC dui laws England DUI LAWS D.U.I. Laws in England d.u.i. law in England England dui laws D.U.I. Laws in EN EN dui laws Florida DUI LAWS D.U.I. Laws in Florida d.u.i. law in Florida Florida dui laws D.U.I. Laws in FL FL dui laws Georgia DUI LAWS D.U.I. Laws in Georgia d.u.i. law in Georgia Georgia dui laws D.U.I. Laws in GA GA dui laws Hawaii DUI LAWS D.U.I. Laws in Hawaii d.u.i. law in Hawaii Hawaii dui laws D.U.I. Laws in HI HI dui laws Idaho DUI LAWS D.U.I. Laws in Idaho d.u.i. law in Idaho Idaho dui laws D.U.I. Laws in ID ID dui laws Illinois DUI LAWS D.U.I. Laws in Illinois d.u.i. law in Illinois Illinois dui laws D.U.I. Laws in IL IL dui laws Indiana DUI LAWS D.U.I. Laws in Indiana d.u.i. law in Indiana Indiana dui laws D.U.I. Laws in IN IN dui laws Iowa DUI LAWS D.U.I. Laws in Iowa d.u.i. law in Iowa Iowa dui laws D.U.I. Laws in IA IA dui laws Kansas DUI LAWS D.U.I. Laws in Kansas d.u.i. law in Kansas Kansas dui laws D.U.I. Laws in KS KS dui laws Kentucky DUI LAWS D.U.I. Laws in Kentucky d.u.i. law in Kentucky Kentucky dui laws D.U.I. Laws in KY KY dui laws Louisiana DUI LAWS D.U.I. Laws in Louisiana d.u.i. law in Louisiana Louisiana dui laws D.U.I. Laws in LA LA dui laws Maine DUI LAWS D.U.I. Laws in Maine d.u.i. law in Maine Maine dui laws D.U.I. Laws in ME ME dui laws Manitoba DUI LAWS D.U.I. Laws in Manitoba d.u.i. law in Manitoba Manitoba dui laws D.U.I. Laws in MB MB dui laws Maryland DUI LAWS D.U.I. Laws in Maryland d.u.i. law in Maryland Maryland dui laws D.U.I. Laws in MD MD dui laws Massachusetts DUI LAWS D.U.I. Laws in Massachusetts d.u.i. law in Massachusetts Massachusetts dui laws D.U.I. Laws in MA MA dui laws Michigan DUI LAWS D.U.I. Laws in Michigan d.u.i. law in Michigan Michigan dui laws D.U.I. Laws in MI MI dui laws Minnesota DUI LAWS D.U.I. Laws in Minnesota d.u.i. law in Minnesota Minnesota dui laws D.U.I. Laws in MN MN dui laws Mississippi DUI LAWS D.U.I. Laws in Mississippi d.u.i. law in Mississippi Mississippi dui laws D.U.I. Laws in MS MS dui laws Missouri DUI LAWS D.U.I. Laws in Missouri d.u.i. law in Missouri Missouri dui laws D.U.I. Laws in MO MO dui laws Montana DUI LAWS D.U.I. Laws in Montana d.u.i. law in Montana Montana dui laws D.U.I. Laws in MT MT dui laws Nebraska DUI LAWS D.U.I. Laws in Nebraska d.u.i. law in Nebraska Nebraska dui laws D.U.I. Laws in NE NE dui laws Nevada DUI LAWS D.U.I. Laws in Nevada d.u.i. law in Nevada Nevada dui laws D.U.I. Laws in NV NV dui laws New Brunswick DUI LAWS D.U.I. Laws in New Brunswick d.u.i. law in New Brunswick New Brunswick dui laws D.U.I. Laws in NB NB dui laws New Hampshire DUI LAWS D.U.I. Laws in New Hampshire d.u.i. law in New Hampshire New Hampshire dui laws D.U.I. Laws in NH NH dui laws New Jersey DUI LAWS D.U.I. Laws in New Jersey d.u.i. law in New Jersey New Jersey dui laws D.U.I. Laws in NJ NJ dui laws New Mexico DUI LAWS D.U.I. Laws in New Mexico d.u.i. law in New Mexico New Mexico dui laws D.U.I. Laws in NM NM dui laws New York DUI LAWS D.U.I. Laws in New York d.u.i. law in New York New York dui laws D.U.I. Laws in NY NY dui laws Newfoundland DUI LAWS D.U.I. Laws in Newfoundland d.u.i. law in Newfoundland Newfoundland dui laws D.U.I. Laws in NF NF dui laws North Carolina DUI LAWS D.U.I. Laws in North Carolina d.u.i. law in North Carolina North Carolina dui laws D.U.I. Laws in NC NC dui laws North Dakota DUI LAWS D.U.I. Laws in North Dakota d.u.i. law in North Dakota North Dakota dui laws D.U.I. Laws in ND ND dui laws Northwest Territories DUI LAWS D.U.I. Laws in Northwest Territories d.u.i. law in Northwest Territories Northwest Territories dui laws D.U.I. Laws in NT NT dui laws Nova Scotia DUI LAWS D.U.I. Laws in Nova Scotia d.u.i. law in Nova Scotia Nova Scotia dui laws D.U.I. Laws in NS NS dui laws Nunavut DUI LAWS D.U.I. Laws in Nunavut d.u.i. law in Nunavut Nunavut dui laws D.U.I. Laws in NU NU dui laws Ohio DUI LAWS D.U.I. Laws in Ohio d.u.i. law in Ohio Ohio dui laws D.U.I. Laws in OH OH dui laws Oklahoma DUI LAWS D.U.I. Laws in Oklahoma d.u.i. law in Oklahoma Oklahoma dui laws D.U.I. Laws in OK OK dui laws Ontario DUI LAWS D.U.I. Laws in Ontario d.u.i. law in Ontario Ontario dui laws D.U.I. Laws in ON ON dui laws Oregon DUI LAWS D.U.I. Laws in Oregon d.u.i. law in Oregon Oregon dui laws D.U.I. Laws in OR OR dui laws Pennsylvania DUI LAWS D.U.I. Laws in Pennsylvania d.u.i. law in Pennsylvania Pennsylvania dui laws D.U.I. Laws in PA PA dui laws Prince Edward Island DUI LAWS D.U.I. Laws in Prince Edward Island d.u.i. law in Prince Edward Island Prince Edward Island dui laws D.U.I. Laws in PE PE dui laws Quebec DUI LAWS D.U.I. Laws in Quebec d.u.i. law in Quebec Quebec dui laws D.U.I. Laws in QC QC dui laws Rhode Island DUI LAWS D.U.I. Laws in Rhode Island d.u.i. law in Rhode Island Rhode Island dui laws D.U.I. Laws in RI RI dui laws Saskatchewan DUI LAWS D.U.I. Laws in Saskatchewan d.u.i. law in Saskatchewan Saskatchewan dui laws D.U.I. Laws in SK SK dui laws South Carolina DUI LAWS D.U.I. Laws in South Carolina d.u.i. law in South Carolina South Carolina dui laws D.U.I. Laws in SC SC dui laws South Dakota DUI LAWS D.U.I. Laws in South Dakota d.u.i. law in South Dakota South Dakota dui laws D.U.I. Laws in SD SD dui laws Tennessee DUI LAWS D.U.I. Laws in Tennessee d.u.i. law in Tennessee Tennessee dui laws D.U.I. Laws in TN TN dui laws Texas DUI LAWS D.U.I. Laws in Texas d.u.i. law in Texas Texas dui laws D.U.I. Laws in TX TX dui laws Utah DUI LAWS D.U.I. Laws in Utah d.u.i. law in Utah Utah dui laws D.U.I. Laws in UT UT dui laws Vermont DUI LAWS D.U.I. Laws in Vermont d.u.i. law in Vermont Vermont dui laws D.U.I. Laws in VT VT dui laws Virginia DUI LAWS D.U.I. Laws in Virginia d.u.i. law in Virginia Virginia dui laws D.U.I. Laws in VA VA dui laws Washington State DUI LAWS D.U.I. Laws in Washington State d.u.i. law in Washington State Washington State dui laws D.U.I. Laws in WA WA dui laws West Virginia DUI LAWS D.U.I. Laws in West Virginia d.u.i. law in West Virginia West Virginia dui laws D.U.I. Laws in WV WV dui laws Wisconsin DUI LAWS D.U.I. Laws in Wisconsin d.u.i. law in Wisconsin Wisconsin dui laws D.U.I. Laws in WI WI dui laws Wyoming DUI LAWS D.U.I. Laws in Wyoming d.u.i. law in Wyoming Wyoming dui laws D.U.I. Laws in WY WY dui laws Yukon DUI LAWS D.U.I. Laws in Yukon d.u.i. law in Yukon Yukon dui laws D.U.I. Laws in YT YT dui laws

DUI Quiet? Mannie Garcia

Gonzales: Did He Help Bush Keep His DUI Quiet? - Newsweek Periscope - MSNBC.com Skip navigation Newsweek Subscribe Now Periscope National News Politics World News International Ed. War in Iraq Business Enterprise Tech & Science Healthbeat Society Education Entertainment Tip Sheet Columnists Letters & Live Talks Multimedia/Photos Search the Site Search Archives U.S. News World News Business Sports Entertainment Tech / Science Health Weather Travel Blogs Etc. Local News Newsweek Multimedia News Video Most Popular NBC NEWS MSNBC TV Today Show Nightly News Meet the Press Dateline NBC Newsweek Home Periscope Gonzales: Did He Help Bush Keep His DUI Quiet? Mannie Garcia / Reuters Did Gonzales (right) get Bush off a DUI jury duty? By By Michael Isikoff Newsweek Jan. 31 issue - Senate Democrats put off a vote on White House counsel Alberto Gonzales's nomination to be attorney general, complaining he had provided evasive answers to questions about torture and the mistreatment of prisoners. But Gonzales's most surprising answer may have come on a different subject: his role in helping President Bush escape jury duty in a drunken-driving case involving a dancer at an Austin strip club in 1996. The judge and other lawyers in the case last week disputed a written account of the matter provided by Gonzales to the Senate Judiciary Committee. "It's a complete misrepresentation," said David Wahlberg, lawyer for the dancer, about Gonzales's account. Bush's summons to serve as a juror in the drunken-driving case was, in retrospect, a fateful moment in his political career: by getting excused from jury duty he was able to avoid questions that would have required him to disclose his own 1976 arrest and conviction for driving under the influence of alcohol (DUI) in Kennebunkport, Maine-an incident that didn't become public until the closing days of the 2000 campaign. (Bush, who had publicly declared his willingness to serve, had left blank on his jury questionnaire whether he had ever been "accused" in a criminal case.) Asked by Sen. Patrick Leahy to describe "in detail" the only court appearance he ever made on behalf of Bush, Gonzales-who was then chief counsel to the Texas governor-wrote that he had accompanied Bush the day he went to court "prepared to serve on a jury." While there, Gonzales wrote, he "observed" the defense lawyer make a motion to strike Bush from the jury panel "to which the prosecutor did not object." Asked by the judge whether he had "any views on this," Gonzales recalled, he said he did not. MOST-POPULAR ARTICLES Are You Working Yourself to Death? A Jesuit Bioethicist on Schiavo's Right to Die -> Catholicism: Inside the Secretive Opus Dei Jesus: The Epic Story of a Great Faith Vote: Should Terri Schiavo have the right to die? While Gonzales's account tracks with the official court transcript, it leaves out a key part of what happened that day, according to Travis County Judge David Crain. In separate interviews, Crain-along with Wahlberg and prosecutor John Lastovica-told NEWSWEEK that, before the case began, Gonzales asked to have an off-the-record conference in the judge's chambers. Gonzales then asked Crain to "consider" striking Bush from the jury, making the novel "conflict of interest" argument that the Texas governor might one day be asked to pardon the defendant (who worked at an Austin nightclub called Sugar's), the judge said. "He [Gonzales] raised the issue," Crain said. Crain said he found Gonzales's argument surprising, since it was "extremely unlikely" that a drunken-driving conviction would ever lead to a pardon petition to Bush. But "out of deference" to the governor, Crain said, the other lawyers went along. Wahlberg said he agreed to make the motion striking Bush because he didn't want the hard-line governor on his jury anyway. But there was little doubt among the participants as to what was going on. "In public, they were making a big show of how he was prepared to serve," said Crain. "In the back room, they were trying to get him off." Gonzales last week refused to waver. "Judge Gonzales has no recollection of requesting a meeting in chambers," a senior White House official said, adding that while Gonzales did recall that Bush's potential conflict was "discussed," he never "requested" that Bush be excused. "His answer to the Senate's question is accurate," the official said. 2006 Newsweek, Inc. Print this Email this MORE FROM NEWSWEEK PERISCOPE Newsweek Periscope Section Front . Karl Rove's Return: No Longer Lying Low . CW: Give Us Our Meds Edition . Meth Epidemic: Tennessee's Registry . Style: The Look of a World Leader . Hot Issue: Shadow Workers . 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