Intoxicated Driving

Driving While Intoxicated: The

eMedicine Health - Alcohol Intoxication, Driving While Intoxicated: The Facts Search January 26, 2006 Registration Healthcare Professionals You are in: Substance Abuse > Alcohol Intoxication Alcohol Intoxication Driving While Intoxicated: The Facts FACT: In 2000, some 16,653 people were killed in vehicle crashes involving alcohol. This represents 40% of all people killed in traffic accidents that year. (See the US map of all deaths related to intoxication .) FACT: At present, there are 17 states with laws making it illegal to drive at a blood alcohol concentration (BAC) over 100 mg/dL (0.1%); 32 states, the District of Columbia, and Puerto Rico have a lower cutoff point, which is 80 mg/dL. In October 2000, the federal government passed a law mandating that all states enact laws lowering the legal driving BAC to 80 mg/dL by October 2003 or face the penalty of withholding 2% of their federal highway construction funds. These cutoff points establish the level below which driving is per se illegal in and of itself. Per se means that the only factor considered is the BAC. Whether the person actually is intoxicated, behaves as if he or she is intoxicated, or appears to be intoxicated does not count. Numerous studies demonstrate that almost all drivers are impaired at a level of 80 mg/dL with respect to critical driving skills such as braking, steering, and changing lanes. Impairment begins as low as 20 mg/dL and is common at 50 mg/dL. Most significant is that impairment of skills begins at a much lower level than required to exhibit obvious signs of being drunk. The per se level mandated by the federal government for drivers of commercial vehicles is a mere 40 mg/dL (0.04%). This applies to all 50 states. In 1992, the National Highway Transportation and Safety Administration recommended that all states lower their illegal per se levels to 80 mg/dL (0.08%). Only 19 states have done so. A strong lobby representing sellers of alcoholic beverages has been instrumental in preventing adoption of the recommended levels by all states. Also, the expense of enforcing the lower limits is a significant issue. All countries in Europe are below the 100 mg/dL cutoff common in the US. Countries with a cutoff of 80 mg/dL include Austria, Britain, Denmark, Germany, Italy, Ireland, Luxembourg, Spain, Switzerland, and Canada. Countries with a cutoff of 50 mg/dL include Belgium, Finland, France, Greece, Netherlands, and Portugal. Sweden and Norway have a 20 mg/dL cutoff. American society continues to be complacent about drunk drivers. Even when a person who is drunk kills someone in a motor vehicle accident, the sentence tends to be extremely light, if imposed at all. Defending drunk drivers is a huge legal business. Over the years, numerous creative defenses have been successfully employed. Some of the popular ones include these: Driver claims to have consumed the alcohol after the accident to calm nerves. Driver claims that he or she only had a soft drink at the party, but someone else laced it with alcohol. Driver claims to have medical conditions that impede the normal metabolism of alcohol. Driver says the alcohol swab used to clean the skin before the blood sample was drawn contaminated the skin. (Such swabs contain isopropyl alcohol, not ethanol, and do not register on the ethanol test.) Specimen was mixed with another in the lab. Driver consumed alcohol-containing elixirs such as cough syrup or mouthwash. < Alcohol Intoxication, Physician Treatment and Follow-up Alcohol Intoxication, Advice to Law Enforcement Personnel > Sections - Alcohol Intoxication Definition and Causes - Alcohol Intoxication Signs and Symptoms - Home Care - When to Seek Medical Care - Physician Diagnosis - Alcohol Intoxication, Physician Treatment and Follow-up - Driving While Intoxicated: The Facts - Advice to Law Enforcement Personnel - For More Information - Multimedia - Synonyms and Keywords - References - Authors and Editors Are you sad, bored, fatigued, irritable, unable to concentrate, pessimistic? If you've been feeling this way for at least 2 weeks, you may have clinical depression. Learn what can help. Dementia is not something that happens only to older people. Learn about causes and treatment options. Wheezing, breathlessness, chest tightness, coughing–all symptoms of asthma. Find out more. Stress, fear, or worries can lead to severe anxiety, which can have a serious impact on your life. Do you need to seek help? Anxiety Arthritis Bone, Joint, Muscle Cholesterol Dementia Depression Headache Mental Health Women's Health About Us | Privacy | Code of Ethics | Terms of Use | Contact Us | Advertise | Healthcare Professionals We subscribe to the HONcode principles. Verify here . © 2003-2006 eMedicine.com, Inc. All Rights Reserved . Medicine is a constantly changing science, and clearly established therapiesare not always available for every condition. New research findingsnecessitate continual changes in drug and treatment therapies. The authors,editors, and publisher of this journal have used reasonable efforts to provideup-to-date, accurate information that is within generally accepted medicalstandards at the time of publication. However, as medical science is everevolving, and human error is always possible, the authors, editors, andpublisher (or any other involved party) do not guarantee total accuracy orcomprehensiveness of the information in this article, nor are theyresponsible for omissions, errors, or the results of using this information.The reader should confirm the accuracy of the information in this articlefrom other sources. In particular, all drug doses, indications, andcontraindications should be confirmed in package inserts. FULL DISCLAIMER

eMedicine Health - Alcohol Intoxication, Driving While Intoxicated: The Facts Search January 26, 2006 Registration Healthcare Professionals You are in: Substance Abuse > Alcohol Intoxication Alcohol Intoxication Driving While Intoxicated: The Facts FACT: In 2000, some 16,653 people were killed in vehicle crashes involving alcohol. This represents 40% of all people killed in traffic accidents that year. (See the US map of all deaths related to intoxication .) FACT: At present, there are 17 states with laws making it illegal to drive at a blood alcohol concentration (BAC) over 100 mg/dL (0.1%); 32 states, the District of Columbia, and Puerto Rico have a lower cutoff point, which is 80 mg/dL. In October 2000, the federal government passed a law mandating that all states enact laws lowering the legal driving BAC to 80 mg/dL by October 2003 or face the penalty of withholding 2% of their federal highway construction funds. These cutoff points establish the level below which driving is per se illegal in and of itself. Per se means that the only factor considered is the BAC. Whether the person actually is intoxicated, behaves as if he or she is intoxicated, or appears to be intoxicated does not count. Numerous studies demonstrate that almost all drivers are impaired at a level of 80 mg/dL with respect to critical driving skills such as braking, steering, and changing lanes. Impairment begins as low as 20 mg/dL and is common at 50 mg/dL. Most significant is that impairment of skills begins at a much lower level than required to exhibit obvious signs of being drunk. The per se level mandated by the federal government for drivers of commercial vehicles is a mere 40 mg/dL (0.04%). This applies to all 50 states. In 1992, the National Highway Transportation and Safety Administration recommended that all states lower their illegal per se levels to 80 mg/dL (0.08%). Only 19 states have done so. A strong lobby representing sellers of alcoholic beverages has been instrumental in preventing adoption of the recommended levels by all states. Also, the expense of enforcing the lower limits is a significant issue. All countries in Europe are below the 100 mg/dL cutoff common in the US. Countries with a cutoff of 80 mg/dL include Austria, Britain, Denmark, Germany, Italy, Ireland, Luxembourg, Spain, Switzerland, and Canada. Countries with a cutoff of 50 mg/dL include Belgium, Finland, France, Greece, Netherlands, and Portugal. Sweden and Norway have a 20 mg/dL cutoff. American society continues to be complacent about drunk drivers. Even when a person who is drunk kills someone in a motor vehicle accident, the sentence tends to be extremely light, if imposed at all. Defending drunk drivers is a huge legal business. Over the years, numerous creative defenses have been successfully employed. Some of the popular ones include these: Driver claims to have consumed the alcohol after the accident to calm nerves. Driver claims that he or she only had a soft drink at the party, but someone else laced it with alcohol. Driver claims to have medical conditions that impede the normal metabolism of alcohol. Driver says the alcohol swab used to clean the skin before the blood sample was drawn contaminated the skin. (Such swabs contain isopropyl alcohol, not ethanol, and do not register on the ethanol test.) Specimen was mixed with another in the lab. Driver consumed alcohol-containing elixirs such as cough syrup or mouthwash. < Alcohol Intoxication, Physician Treatment and Follow-up Alcohol Intoxication, Advice to Law Enforcement Personnel > Sections - Alcohol Intoxication Definition and Causes - Alcohol Intoxication Signs and Symptoms - Home Care - When to Seek Medical Care - Physician Diagnosis - Alcohol Intoxication, Physician Treatment and Follow-up - Driving While Intoxicated: The Facts - Advice to Law Enforcement Personnel - For More Information - Multimedia - Synonyms and Keywords - References - Authors and Editors Are you sad, bored, fatigued, irritable, unable to concentrate, pessimistic? If you've been feeling this way for at least 2 weeks, you may have clinical depression. Learn what can help. Dementia is not something that happens only to older people. Learn about causes and treatment options. Wheezing, breathlessness, chest tightness, coughing–all symptoms of asthma. Find out more. Stress, fear, or worries can lead to severe anxiety, which can have a serious impact on your life. Do you need to seek help? Anxiety Arthritis Bone, Joint, Muscle Cholesterol Dementia Depression Headache Mental Health Women's Health About Us | Privacy | Code of Ethics | Terms of Use | Contact Us | Advertise | Healthcare Professionals We subscribe to the HONcode principles. Verify here . © 2003-2006 eMedicine.com, Inc. All Rights Reserved . Medicine is a constantly changing science, and clearly established therapiesare not always available for every condition. New research findingsnecessitate continual changes in drug and treatment therapies. The authors,editors, and publisher of this journal have used reasonable efforts to provideup-to-date, accurate information that is within generally accepted medicalstandards at the time of publication. However, as medical science is everevolving, and human error is always possible, the authors, editors, andpublisher (or any other involved party) do not guarantee total accuracy orcomprehensiveness of the information in this article, nor are theyresponsible for omissions, errors, or the results of using this information.The reader should confirm the accuracy of the information in this articlefrom other sources. In particular, all drug doses, indications, andcontraindications should be confirmed in package inserts. FULL DISCLAIMER

Drunk Driving Laws

DWI DUI OWI OUI Driving in Yukon 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 Yukon DWI DUI OWI OUI Information Summaries of DUI Law DWI Law for Yukon What to Do On DUI Court DWI Court First Appearance What to Wear to DUI Court DWI COurt Being Early for DUI Court and DWI Court Directory of DUI Courthouses and DWI Courthouses in Yukon Directory of Motor Vehicle Offices BAC Instruments used in DUI Court and DWI Court Cases DUI and DWI Breath and Blood Collection Standards and Departments Responsible DUI and DWI Legislation in Yukon Substantive DUI/DWI/Excess Alcohol Offense DUI DWI Refusal Offense/Presumption DUI DWI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI DWI Penalties Suspension on Conviction, Prohibition DUI DWI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DWI DUI Reciprocal DUI DWI Agreements Constitutional Rights in DUI DWI Cases Other Criminal Non-DUI Non-DWI Legislation DUI Attorneys DWI Attorneys - Lists by County in Yukon List of DUI Attorneys DWI Attorneys and Practice Descriptions Avocats DUI,DWI, droit criminel Adwokaci DUI,DWI, prawo kryminalne List of DUI Forensic Experts, DWI Forensic Experts and Practice Descriptions State/Province DUI DWI Data and Links to DUI DWI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI DWI and Criminal Defense Character Reference Letters Articles and Writings Yukon DUI Attorney DWI Attorney Articles and Writings Yukon DUI Lawyer DWI Lawyer Articles and Writings Yukon Drunk Driving Attorney Articles and Writings Yukon Drunk Driving Lawyer Articles and Writings AddDL Lawyers and DUI Information in Yukon Cities and Towns Sponsored by: No records returned. 960 | 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.

Driving while intoxicated: 3

Breaking News--News and Features Today'sFront Page Newsand Features Campusdrive gahtes relief supplies for tsunami victims Newmeal plans are designed for commuter students Campuscrime report Arts Gemsof 2004 almost slipped through the cracks BreakingNews Comics Opinion Bestway to keep computer safe is to set it free Editorialcartoon StaffEditorial: Budget surplus a late Christmas present for UH? Sports Pairof wins puts Lady Cougars back in stride Gentlemencan't tame Cougars AboutBreaking News DailyCougar Archives Volume 7, Issue 4 University of Houston Campus crime report The following is a partial report of campus crime between Dec. 23and Jan. 4. All information is selected from the files of the UH PoliceDepartment. The information in italics indicates when the event was reportedto UHPD and the events location. Information or questions regarding thecases below should be directed to UHPD at (713) 743-0600. Driving while intoxicated: 3 a.m. Dec. 23, 4200block of Elgin Avenue -- A student was arrested and transportedto Harris County Jail for driving while intoxicated after being involvedin a single-vehicle accident on Spur 5. A student passenger was arrestedfor public intoxication, issued a county citation and released to the custodyof a sober adult. Both were issued Student Life Referrals. Occurred between3:25 and 3:42 a.m. Burglary: 12:38 a.m. Dec. 24, Cambridge Oaks -- A student reportedan unknown person(s) burglarized his apartment, gaining entry by breakingout the front window. Occurred between 3 p.m. Dec. 22 and 11:30 p.m. Dec.23. Theft: 12:45 a.m. Dec. 24, Bayou Oaks -- A student reported anunknown person(s) stole his unattended, unsecured bicycle from a rack onthe west side of the Bayou Oaks main building between 5 p.m. Dec. 32 and12:40 a.m. Dec. 24. Driving while intoxicated: 12:55 a.m. Dec. 25, 4000 block of GulfFreeway southbound frontage road -- A visitor was arrested and transportedto Harris County Jail for driving while intoxicated after he was involvedin a traffic accident. Occurred at 12:50 a.m. Burglary: 7:15 p.m. Dec. 28, Entrance 14 -- A faculty memberreported an unknown person(s) stole money from his parked, secured vehicle,damaging the drivers side door handle and passenger side window in theprocess. Occurred between 1 and 6:45 p.m. Driving while intoxicated: 1:29 a.m. Dec. 28, 3500 block of CullenBoulevard -- Two visitor were arrested and transported to Harris CountyJail for driving while intoxicated after the vehicle they were riding inwas stopped for having an expired registration. The driver was chargedwith a DWI and the front-seat passenger was charged with possession ofa controlled substance. Criminal mischief/theft: 7:52 p.m. Dec. 28, Agnes Arnold Hall basement-- A visitor reported known individuals stole a pair of tin scissorsfrom his tool belt and may have also tipped over a beverage vending machine.Occurred between 4:30 p.m. Dec. 28 and 7:52 a.m. Dec. 29. Criminal mischief: 3:33 a.m. Dec. 30, Bayou Oaks -- A Bayou Oakssecurity officer reported an unknown person(s) removed a fire extinguishedfrom a fourth-floor cabinet, broke the exit sign hanging from the ceilingand threw the fire extinguisher out a window between 3:33 and 3:34 a.m. Criminal mischief: 9:21 a.m. Dec. 30, Cullen Oaks visitor parkinglot -- A student reported an unknown person(s) damaged his vehiclewith a sharp, pointed object between 11 p.m. Dec. 29 and 9:20 a.m. Dec.30. Driving while license suspended: 11:24 p.m. Dec. 31, 3500 block ofScott Street -- A visitor was arrested and transported to Harris CountyJail for driving with a suspended license after he was seen leaning outof the car window and weaving in and out of traffic along Scott Street. Assault: 1:20 a.m. Jan. 1, 4700 block of Texas Spur 5 -- A visitorwas arrested for assaulting his girlfriend and driving while intoxicatedafter his vehicle was seen stopped in a moving lane of traffic on Spur5. He was released to Harris County Jail. The girlfriend, who is a student,was treated at the scene and released. Driving while intoxicated: 4:07 a.m. Jan. 1, 4600 block of TexasSpur 5 -- A visitor was arrested and transported to Harris County Jailfor driving while intoxicated after he was stopped for failure to maintaina single lane; a second visitor was arrested for public intoxication, issueda county citation and later released to a sober adult. Theft: 10:40 p.m. Jan. 2, Cambridge Oaks -- A student reportedher roommates boyfriend stole underwear from her bedroom and hid a camerathere between 10 p.m. Dec. 16 and 3 p.m. Jan. 2. Criminal mischief: 7:43 a.m. Jan. 3, General Services Building firstfloor -- A staff member reported an unknown person(s) damaged his officedoor with a sharp, pointed object between noon Dec. 17 and 7:43 a.m. Jan.3. Theft: 10:50 a.m. Jan. 3, Agnes Arnold Auditorium 1 -- A staffmember reported an unknown person(s) stole a DVD player from a securedpodium cabinet. There were no signs of forced entry. Occurred between Dec.22 and 10 a.m. Jan. 3. Driving while license suspended: 12:20 a.m. Jan. 4, 3600 block ofScott Street -- A visitor was arrested and transported to Harris CountyJail for driving with a suspended license after being stopped for runninga red light at Scott and Holman. Send comments to dcnews@mail.uh.edu. Last update: http://www.stp.uh.edu/bn0405/011205/news/news3.html

Field Sobriety Test The

Field Sobriety Test Texas DWI Lawyer Attorney Located in Sugar Land, Fort Bend County. Providing quality representation in: Brazoria; Colorado, Fort Bend, Harris, & Montgomery Counties Field Sobriety Test The Standardized Field Sobriety Test (SFST) battery is composed of three tests: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). The tests were developed by the National Highway Traffic Safety Administration (NHTSA) in the late 1970's. In 1981, law enforcement officers began using NHTSA's Standardized Field Sobriety Test (SFST) battery at roadside to help determine whether motorists who are suspected of DWI have blood alcohol concentrations (BACs) greater than 0.10 percent. Since 1981, however, many states including Texas have implemented laws that define DWI at BACs below 0.10. The validity of SFST results is dependent upon officers following the established, standardized procedures for test administration and scoring. According to NHTSA when properly administered and scored, under laboratory conditions, the accuracy of the SFSTs in correctly identifying intoxicated drivers is as follows: HGN - 77% WAT - 68% OLS - 65% This means that even under laboratory conditions, the HGN was wrong 23% of the time, the WAT 32% and the OLS 35% of the time. Additionally, NHTSA's own research emphasizes that test results are valid only when administered in strict compliance with NHTSA protocol. If anyone of the standardized field sobriety elements is changed, the validity is compromised. It is therefore imperative to have your attorney review the manner in which the SFSTs was administered. Your lawyer may be able to suppress the results of an improperly administered test. Horizontal Gaze Nystagmus (HGN) "Nystagmus" means an involuntary jerking of the eyes. HGN refers to an involuntary jerking occurring as the eyes gaze toward the side. In addition to being involuntary the person experiencing the nystagmus is unaware that the jerking is happening. The theory behind the test is that nystagmus becomes readily noticeable when a person is impaired. In administering the test the officer has the subject follow the motion of a stimulus with the eyes only. The stimulus may be the tip of a pen or penlight, an eraser on a pencil or a fingertip. As the eyes move from side to side each eye is examined for three specific clues: Lack of Smooth Pursuit - does the eye move slowly or does it jerk noticeably? Distinct Nystagmus at Maximum Deviation - when the eye moves as far to the side as possible and is kept at that position for several seconds, does it jerk distinctly? Onset of Nystagmus Prior to 45% - as the eye moves to the side, does it start to jerk prior to a 45% angle? Officers frequently fail to properly administer the HGN. It is crucially important for your attorney to review the videotape, if available to ascertain whether the test was properly administered or whether suppression of the results is possible. Walk-and-Turn (WAT) The WAT is a divided attention test consisting of two stages: Instruction Stage; and Walking Stage. In the instruction stage, the subject must stand with their feet in heel-to-toe position, keep their arms at their sides, and listen to instructions. The subject must maintain the heel-to-toe position and may not begin walking until all instructions are given. In the Walking Stage the subject takes nine heel-to-toe steps, turns in a prescribed manner, and takes nine heel-to-toe steps back, while counting out loud and watching their feet. Officers observe the subject's performance for eight clues: can't balance during instructions starts too soon stops while walking doesn't touch heel to toe steps off line uses arms for balance loses balance on turn or turns incorrectly; and takes the wrong number of steps A subject who exhibits two or more clues will fail the test. Scoring is entirely subjective and within the officer's discretion. One-Leg Stand The OLS is also divided into two stages. In the Instruction Stage, the subject must stand with feet together, keep arms at side and listen to instructions. In the Balance and Counting Stage, the subject must raise the leg of his choice approximately 6 inches off the ground, toes pointed out, keeping legs straight. While looking at the elevated foot, count out load in the following manner: "one thousand and one", "one thousand and two", etc, until told to stop. The officer will instruct the subject to stop after 30 seconds. The subject is observed for the following clues: sways while balancing uses arms to balance hops puts foot down A subject who exhibits 2 or more clues, as determined by the officer, will fail the test. You have only 15 days from the date of arrest to request a hearing to save your driver's license. Anthony R. Segura Broussard, McLaughlin & Segura 14015 Southwest Freeway Suite 5 Sugar Land, Texas 77478 Home | Firm Overview | Attorney Profile | Practice Overview | DUI / DWI | License Revocation | Occupational Driver's License Penalties | Chemical Test | Field Sobriety Test | FAQ | Drunk Driving Info | Web Resources | Contact Us © 2006 Broussard, McLaughlin & Segura. All rights reserved. Not certified by the Texas Board of Legal Specialization.