Driving while intoxicated DWI in New Mexico- in depth report Contact Us | Register/Login | Site Map Search All Stories Reporters Photos Photographers Comments Commenting Readers ------ Archives Classifieds Jobs Display Ads Business Name Business Category Google Last Update Thu Jan 26, 2006 1:10 pm Subscribe Print or eNewMexican | NM Jobs | Real Estate - Virtual Tours | Display Ads | Directory | Classifieds | Advertise | Archives Online replica of the daily Paying subscribers: Click here to see the page-for-page replica of today's The Santa Fe New Mexican. HOME PAGE FIND IT FAST Most Read News Recent Comments Death Notices Crime / Police Notes Editorial Letters to Editor Columns Weather DWI Ballot & News Topic List SANTA FE GUIDES Visitors Guide Hotel Search Our Magazines Residents Guide Spirituality / Support Restaurants PHOTOS INTERACTIVE Forums Readers' News Blogs ARTS & LEISURE Music & Arts Musicians Directory Movie Times TV Listings Games & Puzzles NEWS Santa Fe / NM Nation / World Middle East Politics En Espanol Water / Fire Nature / Outdoors Education Health Science / Tech In Depth Reports Communities Sports Resource Guides Gen Next SHOP LOCALLY Display Ads Business Directory Real Estate/Virt Tours CLASSIFIEDS Jobs Real Estate Rentals Cars & Trucks Animals Personals Merchandise All Other Topic: DWI Ballot and News (Default story ordering) reorder --Choose Order-- by Most Commented by Most Read Today This week This month Continuing news coverage of DWI-related events and issues; also see our in-depth series on DWI reform from January 2004. DWI: your recommendations Files DWI Forum: readers' recommendations in print Links Solutions to Community Alcohol Problems--Marin Institute FreeNewMexican's DWI Resource Guide The death of Judith Scasserra-Cinciripini (see our stories of July 28 and July 29 ) is the latest addition to New Mexico's continuing, tragic legacy of DWI. This forum is for you to offer specific recommendations, proposals and ideas for effective change. What action do you want your elected officials (state Congress, the Governor, the courts) to take? If you were in office, what would you do for DWI reform? FULL STORY >> (253 comments;last comment posted august 19, 2005 9:23 am) DWI resource guide Files DWI Statistics and Recommendations--Dick Roth, ImpactDWI.org Save a life. Stay informed about the costs of intoxicated driving, and what you can do to stop it... FULL STORY >> States try to toughen penalties for refusing breath test Links FreeNewMexican's DWI Resource Guide COLUMBUS, Ohio - States are trying to toughen penalties for suspected drunken drivers who refuse to take a breath test, arguing motorists too often get a milder penalty than if they had provided evidence that could convict them. FULL STORY >> ( 9 comments; last comment posted january 20, 2006 11:57 am ) Santa Fe man faces eighth DWI charge SANTA FE - Santa Fe resident Moises Gonzales _ who in 1985 pleaded guilty to driving drunk in a crash that killed three teenage girls _ again has been charged with driving while intoxicated, police said. FULL STORY >> ( 59 comments; last comment posted december 4, 2005 11:18 am ) Governor signs DWI interlock measure Chris Romero hops into his 1990 blue-and-white Ford pickup, clicks the ignition on and then off again and reaches for what looks like a black cell phone hanging from his dashboard. FULL STORY >> ( 1 comments; last comment posted april 6, 2005 5:41 pm ) Lawmaker proposes alcohol sales ban for DWI offenders Links 2005 New Mexico Legislature Resource Guide SANTA FE - New Mexicans convicted of drunken driving could not buy beer, wine, whiskey or other liquor for five years under a proposal by a Republican lawmaker. FULL STORY >> ( 24 comments; last comment posted february 11, 2005 8:05 pm ) Richardson pledges more judgeships, more funding for prosecutors at DWI summit ALBUQUERQUE - Gov. Bill Richardson is pledging to push for more money to help fight a problem that has put New Mexico on the wrong end of national rankings for years. FULL STORY >> ( 1 comments; last comment posted january 18, 2005 9:21 am ) Albuquerque authorities want to take drunken drivers' cars after first arrest ALBUQUERQUE - The first arrest would be the only arrest police need to take a drunken driver's vehicle under an ordinance proposed by an Albuquerque assistant city attorney. FULL STORY >> ( 3 comments; last comment posted november 10, 2004 7:38 am ) DWI Center says offenders often need psychological help ALBUQUERQUE - An Albuquerque center plans to talk to New Mexicans convicted of drunken driving more than two decades ago to find out whether they've stayed away from drink and what helped them. FULL STORY >> ( 2 comments; last comment posted october 5, 2004 5:58 am ) Tougher penalties for repeat DWI reinstated for 2003 Links DWI resource guide DWI Special section SANTA FE - The state Supreme Court has ruled that tougher penalties for repeat drunken drivers were in effect in 2003 despite a glitch when the law was passed. FULL STORY >> ( 2 comments; last comment posted september 18, 2004 11:20 am ) Search engine optimization and website marketing provided by Trafficdeveloper Privacy Policy / Terms of Use | ©2006, Santa Fe New Mexican, all rights reserved. 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Breathalyzers Jail Alternatives Breath Analysis Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming About 1800 DUI LAWS DUI Laws by State DUI Arrests by State Drinking and Driving Your First DUI DUI Drugs DUI Laws Dictionary BAC Calculator Field Sobriety Tests Driver License The Science Breathalyzers Jail Alternatives Ignition Interlock Criminal Courts Designated Drivers DUI Insurance DUI Schools Tell a Friend //-- Order Your DMV Record Link to DUI LAWS Contact Us Why Expungement? Expungement 101 Felony Expungement Rehabilitation & Pardon Case Evaluation Traffic School Info About The Content About The Quizzes About The Final Exam Student Comments DUI Chat For Attorneys Only Website Development Breath Analysis Written by Attorney Darren T. Kavinoky DUI defense lawyers and DWI defense attorneys are often asked why they are taking a particular drunk driving case to trial, when a breath machine has produced a reading above the legal limit. What these lawyers know, and what they hope to educate their juries about, is that the breath testing machines that are used in DUI and DWI arrests are subject to error even in the best of circumstances. Breath testing in drunk driving cases is far from perfect. Breath testing in DUI cases dates back to 1937, when Rolla Harger invented the "Drunkometer" . This machine gave birth to an industry that has witnessed many new designs , each trying to improve on the reliability of its predecessor. However, even in our present era, every single breath-testing device is subject to mistakes. All breath-testing machines used in DUI and DWI cases make certain assumptions about the people being tested that may or may not be true. All of the drunk driving breath-testing machines are subject to human error, maintenance problems, interference from outside sources (such as radio frequency interference) , and internal malfunctions. The technology in the roadside PAS test is called "fuel cell" technology. This technology works by burning up the alcohol, which generates an electrical current that is measured and quantified with a numeric result. The technology in these roadside PAS tests is dubious at best. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol causing an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level; they are not specific for alcohol, and are subject to error due to certain types of chemical buildup. DUI breath testing is an indirect way of determining blood alcohol content (BAC) or blood alcohol level (BAL) . Many states have tried to get around the obvious problems associated with converting a breath alcohol level to a blood alcohol level by outlawing driving above a certain limit as determined by either a blood or breath test. DUI and DWI lawyers in most states confront laws that make it illegal to drive while under the influence of alcohol , or to drive with a blood or breath alcohol level of .08% or higher. The former is based on actual impairment; the latter is based only on the subject's alcohol level, without regard to whether or not they are actually feeling the effects of drinking alcohol. Breath testing for alcohol is typically accomplished either on a roadside test prior to arrest, or on a more stationary machine at the jail following arrest. The portable device, which is a little bigger than a pack of cigarettes, is called a Preliminary Alcohol Screening (PAS) test, or Preliminary Breath Testing (PBT) device. In most states, the officer conducting the investigation is supposed to tell the DUI or DWI suspect that blowing into the PAS device is optional. In practice, this is done inconsistently, at best. The technology used in the stationhouse breath testing devices is slightly more reliable, in that they do typically have slope detectors to guard against mouth alcohol contamination, but are subject to human, internal, and external error as well. The stationhouse breath testing machines may use a fuel cell, or an infrared system to measure alcohol levels. Where an infrared system is used, the breath sample is blown into a chamber, and an infrared beam is shot from one end to the other. The beam is absorbed by alcohol molecules (and other molecules in the same spectrum, unfortunately) , and the amount the beam is diminished as it passes from one end of the sample chamber to the other is measured, and is expressed in a numeric value. The greater the amount of light that is absorbed from one side of the chamber to the other, the higher the reading on the machine. Unfortunately for those who stand accused of DUI, DWI, or any other drinking and driving related offense, the ways in which the breath testing machines can be in error are many indeed. They include problems with mouth alcohol causing artificially high results, non-specificity to alcohol (where other compounds are mistaken for alcohol by the machine) , radio frequency interference, calibration errors, human error, and more. If you or someone you care about is charged with DUI, DWI, or some type of drunk driving offense, it is critical that you contact a lawyer that is familiar with the errors associated with breath testing. Understanding the types of errors that are common, and investigating all the potential problems, is the first step in a successful defense to a DUI, DWI, or drunk driving case. :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
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Miami DUIDUI MOCK CAR CRASH SENDS MESSAGE TO HIGH SCHOOL STUDENTS DUI MOCK CAR CRASH SENDS MESSAGE TOHIGH SCHOOL STUDENTS Miami Beach -- Dont drink anddrive. That is the message that City of Miami Beach Fire Department is sending to MiamiBeach High School students, especially during prom and graduation season. Thousands ofteenagers have died due to car crashes because somebody chose to drink and drive. On Thursday, May 27 at 9:00 a.m. ,Miami Beach Fire Rescue, the Police Department, and Miami Beach High School students willbe participating in ACheat the Reaper - Live to See Your Future," a teenanti-DUI presentation which includes a simulated prom scene and car crash, at Miami BeachHigh School field, 2231 Prairie Avenue. The dramatized Drinking Under the Influence(DUI) - caused car crash, with all of the blood, sirens, and emergency personnel of areal-life DUI accident, will demonstrate the dangers of teens impaired by drugs oralcohol. This mock car crash will be shown to approximately 500 senior studentslive at the school=s playing field, days before their senior prom. By educating thestudents to make the correct choice and the results of the wrong choices, the City=s fireofficials are attempting to reduce the number of teenagers injured -- or killed -- inDUI-caused crashes. "There is a saying Goodjudgement comes from experience, but experience comes from bad judgement. The goalis to substitute an educational experience in place of an actual experience, so studentscan use it as their reference for good judgement when peer pressure forces them to makedifficult choices," said Miami Beach Public Fire and Life Safety Educator DavidMogen. Traffic crashes are the greatest singlecause of death for every age from five through 27 years old. Almost half of these crashesare alcohol-related. In 1997, 6,258 people, ages 15-20, werekilled in traffic crashes and 2,209 of these deaths - more than 35 percent - involvedalcohol. Young people are over-represented in alcohol-related fatal crashes. The alcoholinvolvement fatal crash rate for young drivers is about twice that of drivers over 21. In1998, statistics reveal that 16,189 people were killed in crashes involving alcohol in theUnited States -- an average of one every 32 minutes. These deaths constitutedapproximately 38.6 percent of the total 41,967 traffic fatalities, according to theNational Highway Traffic Safety Administration. ACheat the Reaper@ uses drama students andStudents Against Drinking and Driving (SADD) members as victims and witnesses. Emergencyservices and officials involved in the mock crash are moulage, incident commander, triageofficer, transportation officer, medical examiner, law enforcement officers, media,ambulance personnel, fire suppression, safety officer, extrication officer, and publicinformation officer. During the simulated car crash, there will be vehicle extrication andvictim stabilization. A mock trial was taped last year in theDade County Courtroom of Judge Beth Bloom. The students will watch the taped trial viatelevision in the classroom after the crash scene. AIf just one life is saved, we will havesucceeded,@ said Miami Beach Fire Rescue Division Chief Ed Delfavero. The Miami Beach Fire Department thanks thefollowing sponsors: Miami Heart Institute, Judge Beth Bloom, Miami-Dade County MedicalExaminer=s Office, Beach Towing Service, Tremont Towing, Vista Convention Services South,Miami Childrens Hospital, Riverside-Gordon Memorial Funeral Services, Miami-DadeCounty Parks & Recreation Department and Miami Beach High School. This program is partof the City of Miami Beach Fire Department=s Preventive Education Program. For moreinformation, contact Inspector David Mogen at 673-7123. ### Call 673-7575/VOICE to request material inaccessible format, sign language interpreter (5 days in advance), or information on accessfor persons with disabilities. Cityof Miami Beach - Home Page
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