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Drunk Driving Defense Attorney

Walnut Creek California Drunk Driving Defense Attorney | DUI DWI Lawyer Oakland CA DNV Hearings Susanville Criminal Defense FAQ DMV administrative hearings Preliminary alcohol screening device Should you take a breath or blood test? What if you go to trial? DUI: consequences on immigration Drunk Driving Defense Attorney Blackie Burak’s law practice based out of Walnut Creek, California is devoted almost exclusively to DUI / DWI defense throughout northern and central California. While DUI / DWI attorneys abound in southern California, there are few in central and northern California. Thanks to my V-Tail Bonanza, I am willing to fly to wherever you are located in northern and central California, with no additional travel costs for you to pay, should we decide to work together on your DUI / DWI defense. I am one of the most frequently quoted and called-upon DUI defense attorneys in central and northern California, as a result of my years of experience and my aggressive defense strategies. Law enforcement officials know that I can neutralize the police testimony presented in court. Judges know that there are few if any DUI / DWI jury trial lawyers as effective and persuasive as I am. Highly Experienced & Successful DUI / DWI Lawyer Not only am I highly experienced and successful at all the in’s and out’s of DUI / DWI defense, but I also keep up to date on the latest legal nuances as they come to pass. In the 30+ years that I’ve been defending DUI offenses , the changes in this are of the law have been dramatic. However, I have never let stricter laws get in the way of my clients’ right to a fair defense. I won the first “not guilty” jury verdict in the Bay Area under the new .08 per se law. Naturally, I am the last to advocate drinking and driving. I know how dangerous drunken driving can be, especially to innocent third parties. However, people who are accused often get treated unfairly , without due process of law unless they have strong advocacy on their side. I am passionate about protecting the constitutional rights of persons accused of any criminal offense, including DUI / DWI. My law office is conveniently located to serve clients in Northern & Central California including: Walnut Creek, Oakland, Vallejo, Fairfield, Napa, Fremont, Hayward, Concord, Martinez, Richmond, Susanville, Redding, Red Bluff and Contra Costa, Alameda, Solano, Shasta, Lassen, and Tehama counties. Contact me, Blackie Burak if you need aggressive, persuasive DUI / DWI defense NOW. There is no time to waste if you have received a DUI charge. The Law Office of Blackie Burak 500 Ygnacio Valley Road, Suite 300, Walnut Creek, California 94596 Telephone: 925-933-4500 • Toll Free: 1-866-BLCKDUI Fax: 925-933-4515 • Email Print page » © 2005 The Law Office of Blackie Burak. All Rights Reserved. Disclaimer Home | Firm Overview | Attorney Profile | Practice Areas | Resource Links | Contact Us Drunk Driving / DUI Information Center  |  Criminal Defense FAQ



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Howstuffworks "How Breathalyzers Work" Auto Stuff Science Stuff Health Stuff Entertainment Stuff People Stuff Computer Stuff Electronics Stuff Home Stuff Money Stuff Travel Stuff Shop for Stuff Popular Searches Body Armor Hurricane Hypnosis Intelligent Design Military Technology Stem Cells UFOs Sponsored By: Subjects Earth Science Engineering Life Science Military Physical Science ShortStuff Space Supernatural Browse the Science Library Explore Stuff Lidrock.com Big List of Articles Get the Newsletter Shop for Top Products Compare Prices for Breathalyzers Search HSW and the Web Main > Science > Physical Science How Breathalyzers Work by Craig C. Freudenrich, Ph.D. Table of Contents Introduction to How Breathalyzers Work Why Test? Principle of Testing Types of Devices: Breathalyzer Types of Devices: Intoxilyzer Types of Devices: Alcosensor III or IV Lots More Information Compare Prices for Breathalyzers Types of Devices: Alcosensor III or IV Modern fuel-cell technology (which may power our cars and even our houses some day) has been applied to breath-alcohol detectors. Devices like the Alcosensor III and IV use fuel cells. The fuel cell has two platinum electrodes with a porous acid-electrolyte material sandwiched between them. As the exhaled air from the suspect flows past one side of the fuel cell, the platinum oxidizes any alcohol in the air to produce acetic acid, protons and electrons. Oxidation of Alcohol If you strip off hydrogens from the right carbon of ethanol in the presence of oxygen, you get acetic acid , the main component in vinegar . The molecular structure of acetic acid looks like this: O || H 3 C - C - O - H where C is carbon, H is hydrogen, O is oxygen, the hyphen is a single chemical bond between the atoms and the || symbol is a double bond between the atoms. For clarity, the bonds of the three hydrogen atoms to the left carbon atom are not shown. When ethanol is oxidized to acetic acid, two protons and two electrons are also produced. The electrons flow through a wire from the platinum electrode. The wire is connected to an electrical-current meter and to the platinum electrode on the other side. The protons move through the lower portion of the fuel cell and combine with oxygen and the electrons on the other side to form water. The more alcohol that becomes oxidized, the greater the electrical current . A microprocessor measures the electrical current and calculates the BAC. Operators of any breath alcohol testing device must be trained in the use and calibration of the device, especially if the results are to be used as evidence in DWI trials . Law enforcement officers can carry portable breath testing devices that use the same principle as full-size devices. Court cases can turn on the perceived accuracy of a breath test, however, so prosecutors rely on the results obtained from full-size devices. For more information on Breathalyzers and related topics, check out the links on the next page. Next Page Prev Page Intro Next Page >> HSW Home Table of Contents: › Introduction to How Breathalyzers Work › Why Test? › Principle of Testing › Types of Devices: Breathalyzer › Types of Devices: Intoxilyzer › Types of Devices: Alcosensor III or IV › Lots More Information › Compare Prices for Breathalyzers Rate this Article! Home Store Newsletter Search Advertising Privacy Contact About Help © 1998 - 2006 HowStuffWorks, Inc.



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DUI School for Tallahassee,

Law Offices of Don Pumphrey, Jr. DUI Charges Drug Charges Misdemeanor Felony Domestic Violence Traffic Tickets Additional Resources Courtroom Info Return to DUI Charges Main Page DUI School for Tallahassee, Florida North Florida Safety Council, Inc. 2003 Apalachee Parkway, Suite 2003-B Parkway Office Building Tallahassee, FL 32302 (850) 877-5193 fax (850) 877-8428 Franklin, Gadsden, Jefferson, Leon, Liberty, Wakulla, Madison, Taylor Related articles DUI ignition law now in effect accuracy of Breathalyzer machines DUI School for Tallahassee, Florida Mittie charged with DUI Do Not Delay Driver sentenced in fatal 2000 DUI crash IF YOU REFUSE A BREATH TEST YOU If You Are Convicted of D.U.I. How Strong is Your Case? Drunk Driving Blood Alcohol Limits Drunk Driving Accidents Why Defend a DUI Case? How Much is to much: Breath Alcohol Testing THE 20 MOST FREQUENTLY QUESTIONS Tallahassee DUI Roadblock Repeat DUIs bill passes 1st vote Ignition lock device law Reckless Driving Statute DUI Penalties Driving Under the Influence 316.193 Presumption of Impairment and Testing Methods Suspend or revoke Drivers License Right of Review of Final Order of Suspension Modify revocation, cancellation, or suspension order Ignition interlock devices, requiring; unlawful acts Suspension of license; right to review Period of suspension or revocation Tongue Piercing Throughs out Breath Test Tongue Stud Blocks Use of Breath Test for DUI Home | About Us | Contact Us Phone:(850) 681-7777 | Fax: (850) 681-7518



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Internet Information Network News Releases for Jan. 26, 2006 - 12:44 pm. Emergency Reports | Sports | Traffic | News Conf | Participants | Terms of Use Clackamas Co. Fire Dist. #1 - Candle probable cause of house fire in Oregon City - 01/26/06 City of Vancouver - Polllard will urge community to "Think Big!" at State of the City address - 01/26/06 Oregon Dept. of Human Services - Agate Beach advisory lifted - 01/26/06 Oregon State Police - Otis Man Arrested on Multiple Charges after Allegedly Throwing Dog out of Moving Car (Photos) - 01/26/06 Oregon National Guard - Oregon ARMY National Guard to aid in search for missing aircraft - 01/26/06 City of Vancouver - Mediation Services seeking volunteers for Mediation Practicum Program - 01/26/06 Vancouver Police Dept. - Police Capture Wanted Fugitive, Richard Walksontop - 01/25/06 Vancouver Police Dept. - Police seek Armed and Dangerous Fugitive - Richard Walksontop - 01/25/06 Clackamas Co. Sheriff's Office - Computer Disks with Customer Identity Information Stolen from Vehicle - Corrected Information - 01/25/06 Portland Fire and Rescue - Fire Destroys 3 Multi-Million Dollar Yachts - 01/25/06 C-TRAN - C-TRAN to Launch North County Connector - 01/25/06 Stevenson-Carson - Stevenson Elementary students win $300 from the Seattle Seahawks foundation - 01/25/06 Tualatin Police Dept. - Police and Community Battle Graffiti - 01/25/06 Oregon Dept. of Human Services - Governor's Commission on Senior Services - 01/25/06 Oregon Dept. of Human Services - Health advisory lifted for water contact at Cannon Beach - 01/25/06 Oregon Dept. of Human Services - Home Care Commission - 01/25/06 Washington Co. Sheriff's Office - 12 Year-Old Boy Struck by Car and Seriously Injured - 01/25/06 Washington Co. Sheriff's Office - Deputies Seek Suspect who Robbed 7-11 at Gunpoint - 01/25/06 Westside Christian High - Westside Christian High School Students have gathered over 500 books for residents in Portland's Old Town. - 01/24/06 City of Gresham - City of Gresham to recognize Speaker Karen Minnis and ODOT at an event on Thursday - 01/24/06 Oregon State Police - Correction: Fatal Auto / Pedestrian Crash - Interstate 5 southbound in Albany area - 01/24/06 Oregon State Police - Correction: Gresham Man Indicted in February 2005 Fatal Crash in Zig Zag (Photos) - 01/24/06 Oregon Dept. of State Lands - Common School Fund provides $22.7 million for Oregon's 198 School Districts - 01/24/06 Oregon Dept. of Human Services - HIV reporting changes - 01/24/06 City of Vancouver - Open Houses scheduled for Columbia Street improvements - 01/24/06 Portland Fire & Rescue - Working Smoke Alarms Save Lives - 01/24/06 Vancouver Police Dept. - Vancouver Police Department to Host 2006 Citizens' Police Academy - 01/24/06 Salem Hospital - Last name of children in Salem fire - 01/23/06 Canby Fire Dist. - Canby fire honors one of canbys oldest residents - 01/23/06 Salem Hospital - Family in South Salem Fire share information - 01/23/06 OHSU - Statement from the family of Rebecca (Emma) Gibson: - 01/23/06 OHSU - OHSU 7 TESLA MRI PROGRESS 2:15 pm Monday - 01/23/06 Westside Christian High - Westside Christian High School students support Union Gospel Mission - 01/23/06 Oregon State Police - OSP Recruits assigned to Arlington, Enterprise, Lakeview, Roseburg, and Oakridge Receive Awards (Photos) - 01/23/06 Clark College in Vancouver - Carrying A Torch for Machining and Welding - 01/23/06 Evergreen - Students, press, and education officials from Taiwan visit Evergreen Public Schools - 01/22/06 Clackamas Co. Sheriff's Office - Shooting Review Board Review Completed Regarding Fouad Kaady - 01/21/06 Salem Fire Dept. - Two people transported to the hospital due to a structure fire - 01/21/06 Oregon State Police - OSP Trooper Recovers Missing M-16 Military Rifle During Traffic Stop north of Bend (Photos) - 01/21/06 Portland Fire and Rescue - 2 Alarm Fire at Terminal 4 in North Portland - 01/20/06 YWCA Clark County - YWCA ANNUAL CELEBRATION TO BE HELD JANUARY 25, 2006 - 01/20/06 YWCA Clark County - Leilani Russell to receive 2005 Val Joshua Racial Justice Award at YWCA Annual Celebration January 25, 2006 - 01/20/06 Oregon Dept. of Forestry - Smoke Management Committee meets Jan. 23, Salem - 01/20/06 Lake Oswego Police Dept. - Change of PIO for Higashi Missing person case - 01/20/06 Oregon Dept. of Human Services - Biopharming Ad Hoc Committee meets Jan. 23 - 01/20/06 Clark College in Vancouver - Jazz Legend John Handy to Perform at Clark College's 44th Annual Jazz Festival - 01/20/06 Portland Fire and Rescue - House Fire on Sauvies Island Destroys Home - 01/20/06 Vancouver Police Dept. - Vancouver Police Rock Band Says Goodbye to Member and Seeks Replacement - 01/20/06 Washington Co. Sheriff's Office - Adult Store Robbed for the Second Time in as many Weeks - 01/19/06 Oregon National Guard - Oregon Soldiers on the road home to Oregon as of 8:10 p.m. - 01/19/06 Oregon National Guard - Fox Troop, 82 Cavalry, Oregon Army National Guard set to arrive at Kliever Armory between 10 and 11 p.m. this evening - 01/19/06 Oregon Food Bank - Community responds! Trucks are rolling in! OFB thanks you! - 01/19/06 Oregon State Police - OSP Trooper Locates Bank Robbery Suspects south of Roseburg (Photos) - 01/19/06 Oregon National Guard - Official Demobilization ceremony set for Fox Troop, 82 Cavalry Corrected copy - 01/19/06 Oregon National Guard - Fox Troop Soldiers, 82 Cavalry, Oregon Army National Guard to return to Oregon tonight - 01/19/06 Oregon State Library - State Library Board of Trustees Meeting - 01/19/06 Oregon State Library - State Library Board Budget Committee Meeting - 01/19/06 Oregon State Police - Update: Photograph Released of Missing Driver Identified in January 11th Yaquina River Incident - 01/19/06 Lancaster Mall - "Get Fit Salem" Health and Fitness Fair at Lancaster Mall - 01/19/06 Clackamas Co. Sheriff's Office - Minor Injury Crash Involving Power Pole - 01/19/06 Clackamas Co. Sheriff's Office - Suspect in Possession of Child Pornography Case Arrested - 01/19/06 Oregon State Police - Update: Double Fatal Traffic Crash - Highway 97 north of Klamath Falls (Photo) - 01/19/06 North Clackamas - Local Student Nominated for National Scholarship Program - 01/19/06 Washington Co. Sheriff's Office - 15 Year Old Struck by Car on SW Scoggins Valley Road - 01/18/06 Oregon National Guard - Oregon National Guard Soldiers return home - 01/18/06 SW Wash. Workforce Development Council - Donor sets up $200,000 trust to benefit Cowlitz County youth - 01/18/06 Oregon Dept. of Forestry - Tillamook State Forest Eyes Fewer Motorized Events - 01/18/06 Oregon National Guard - America's Military History Comes Alive at the 9th Annual Living History Day - 01/18/06 Oregon State Police - 19 Recruit Officers Graduating from Oregon State Police Recruit Training - January 20, 2006 - 01/18/06 North Clackamas - Real Fitness body change contexs to raise funds for N. Clackamas Education Foundation - 01/18/06 Oregon Dept. of Human Services - Mercury in Emigrant Res. fish - 01/18/06 City of Vancouver - Public meeting scheduled to discuss 16th Street Traffic Calming Project - 01/18/06 Clackamas Co. Sheriff's Office - Suspect Arrested in Shooting at Mobile Home Park - 01/18/06 Washington Co. Sheriff's Office - Motorcyclist Identified Who Died in Crash on Scholls Sherwood Rd. - 01/18/06 University of Portland - Dartmouth professor Bernard Gert to speak on "Moral Arrogance and Moral Theories," Feb. 21 - 01/18/06 University of Portland - Buckley Center Gallery will feature ceramic arts exhibition, Feb. 13-March 12 - 01/18/06 Clark College in Vancouver - Top Clark College Students Named to the 2006 All-Washington Academic Team - 01/18/06 Oregon State Police - Enterprise, Oregon Man Arrested for Manslaughter and Other Crimes Related to November 6th Fatal Traffic Crash (Photo) - 01/18/06 Clackamas Co. Fire Dist. #1 - Heavy Rain causes land slide - 01/18/06 Clackamas Co. Sheriff's Office - Grand Jury Returns "Not True Bill" in Officer Involved Shooting from December 15, 2005 - 01/18/06 Oregon State Police - Update #2: Victim Identified in Fatal Traffic Crash - Highway 30 east of Ranier - 01/17/06 Western Oregon University - Media alert: Western Oregon University celebrates Founders Day Wednesday - 01/17/06 Oregon State Police - State Trooper Finds Car Stuffed with Stolen Snack Foods north of Klamath Falls; Four Suspects Cited (Photos) - 01/17/06 Jesuit High - Jesuit Athletes are College Bound - 01/17/06 Vancouver Police Dept. - Vancouver Police Department Media Contact - 01/17/06 Oregon Dept. of Human Services - OSH patient unauthorized leave - 01/17/06 Clark College in Vancouver - Staying the Course at Clark College: The State of the College 2006 - 01/17/06 Salem Fire Dept. - Salem Fire Department Announces New Contest For Kids - 01/17/06 Lancaster Mall - Lancaster Mall Conference Room Now Available - 01/17/06 Tualatin Police Dept. - Man Charged in Assault - 01/17/06 City of Vancouver - Pruning and Tree Care workshop offered to public - 01/17/06 Portland Fire and Rescue - CORRECTION---Two Alarm Fire in N.W. Portland Home - 01/17/06 City of Gresham - Results of Citizen Budget Survey Available - 01/17/06 Oregon State Police - Fatal Traffic Crash - Highway 26 west of John Day - 01/16/06 OMSI - OMSI Receives $275K From Metlife Foundation For Amazing Feats of Aging Exhibit - 01/16/06 OHSU - New Doernbecher Children's Safety Center Open House and Safety Fair, tomorrow Jan. 17 - 01/16/06 University of Portland - John Heily, president of Continental Mills, to give Bauccio lecture in Buckley Center Auditorium, Feb. 15 - 01/16/06 Oregon State Police - Fatal Traffic Crash - Highway 199 near O'Brien in southern Oregon - 01/15/06 Oregon State Police - Update: Vehicle Recovered from Yaquina River; Driver Still Missing Following January 11th Incident - 01/15/06 Vancouver Police Dept. - HANDGUN POINTED AT VICTIM DURING ATTEMPTED HOME INVASION ROBBERY - 01/15/06 Oregon State Police - Update: Suspect Photos re: Crystal Meth Seizure Found During Traffic Stop near Medford - 01/14/06 Vancouver Police Dept. - Stabbing victim recovering at area hospital after being attacked - 01/14/06 Sandy Fire District - Missing Kyaker Found Safe - 01/14/06 Washington Co. Sheriff's Office - Motorcycle Fatal on SW Scholls Sherwood Rd. - 01/14/06 Washington Co. Sheriff's Office - Burglars Hit Multiple Condos - 01/14/06 Oregon State Police - Fatal Traffic Crash - Highway 138E just east of Glide - 01/14/06 Mazamas - MAZAMA MOUNTAINEERING CENTER TO OPEN - 01/14/06 Oregon State Police - Fatal Traffic Crash - Highway 6 west of Banks - 01/14/06 Portland Fire and Rescue - 3 Alarm Fire Heavily Damages Apartment Building - 01/13/06 Clackamas County - Clackamas Co. landslide and road closure update - 01/13/06 Clackamas Co. Sheriff's Office - Owner of Boat and Boathouse Identified - 01/13/06 Multnomah ESD - Multnomah ESD Board of Directors Meeting - 01/13/06 Clackamas Co. Sheriff's Office - Autopsy Findings Released - 01/13/06 ESD 112 - Public Invited to Join AmeriCorps in MLK Day Celebration - 01/13/06 Lake Oswego Police Dept. - Volunteer searcher meeting planned for missing Lake Oswego woman - 01/13/06 OMSI - Northwest Animation Showcase Featuring Local Animators at OMSI Jan 14-15 - 01/13/06 Washington Co. Sheriff's Office - Car Struck by Shotgun Blast While Traveling Along SW Baseline Rd. - 01/13/06 Pacific University - Woman in recent airline incident is former Pacific University professor - 01/13/06 Clark College in Vancouver - Looking for The Next Step in Your Education? Get a Running Start at Clark College - 01/13/06 Washougal - Washougal elementary students to perform Robin Hood - 01/13/06 Oregon Dept. of Human Services - Sacred Heart Certificate of Need - 01/13/06 City of Vancouver - VANCOUVER URBAN FORESTRY SEEKS PARTICIPANTS FOR NEIGHBORWOODS PROGRAM - 01/13/06 Tualatin Police Dept. - Armed Robbery - 01/12/06 Vancouver Police Dept. - Police arrest suspect from Vancouvers Most Wanted - 01/12/06 Greater Vancouver Chamber of Commerce - Patty Murray addresses business leaders, elected officials at Greater Vancouver Chamber luncheon - 01/12/06 Clackamas Co. Sheriff's Office - Clackamas County Sheriff's Office Child Fingerprinting Day with New Iris Scan Technology Offered - 01/12/06 Washington Co. Sheriff's Office - Suspect Shoots at Home and Car in Aloha While Deputies are Responding - 01/12/06 City of Vancouver - Pollard to present 2006 State of the City Address - 01/12/06 West Hills Christian - Regional Accreditation Granted - 01/12/06 Oregon State Police - Update: Man Missing After Vehicle Goes into Yaquina River off Highway 20 east of Newport (Photos) - 01/12/06 Oregon State Police - AMBER Alert Awareness Day - January 13th Marks Ten Year Anniversary of National AMBER Alert System - 01/11/06 Lake Oswego Police Dept. - Missing 79 year old Lake Oswego woman - 01/11/06 Gervais - BINGO Event Planned for January 17th in Gervais - 01/11/06 Oregon Dept. of Human Services - Health advisory issued for Cannon Beach - 01/11/06 ESD 112 - ESD 112 and Vancouver School District receive national award for Russian language video - 01/11/06 Western Oregon University - Founders Day lecture to include history of Oregon and WOU's connection over the years - 01/11/06 Western Oregon University - WOU celebrates 150th anniversary on Founders Day - 01/11/06 Gervais - MR. & MISS GERVAIS PAGEANT SCHEDULED FOR MARCH 11, 2006 - 01/11/06 Washington Co. Sheriff's Office - Detectives Arrest Two, Seize Drugs and Cash - 01/10/06 Oregon National Guard - Additional Photos: Oregon Army National Guard aviators return to Oregon - 01/10/06 Westside Christian High - Local Students Help Support the Muscular Dystrophy Association - 01/10/06 Clackamas Co. Sheriff's Office - Search for Missing Oregon City Man Suspended - 01/10/06 Canby Fire Dist. - Canby Fire District warns of high water - 01/10/06 Oregon State Police - Wanted Predatory Registered Sex Offender Sought by OSP and Coos County Community Corrections (Photo) - 01/10/06 City of Vancouver - Mom-Son Valentine's Gala Swim 2006 - 01/10/06 City of Vancouver - Father-Daughter Valentine's Dance 2006 - 01/10/06 Oregon Food Bank - Public hearing on payday loans set for Jan. 11 - 01/09/06 Oregon National Guard - A Coompany, 249th Aviation, Oregon Army National Guard formal demobilization ceremony set for Tuesday, January 10, 2006 - 01/09/06 Oregon Dept. of Human Services - Meningitis cases - 01/09/06 Salem Public Works - FLOODPLAIN ORDINANCE REVISION PUBLIC HEARING - 01/09/06 North Clackamas - North Clackamas Schools offers free day-long conference for parents - 01/09/06 North Clackamas - Oak Grove Elementary School Music Teacher Honored for Research, Grant - 01/09/06 West Hills Christian - WEST HILLS CHRISTIAN SCHOOL WILL HOST OPEN HOUSE - 01/09/06 North Clackamas - N. Clackamas Parent Institute Offers 4 Free Parent Workshops in January - 01/09/06 North Clackamas - N. Clackamas Schools offer parent classes in Spanish & Russian - 01/09/06 Oregon Dept. of Human Services - Health plans doing more to serve patients, save dollars - 01/09/06 Oregon National Guard - Oregon Army National Guard to assist in search for missing man - 01/08/06 Oregon State Police - DUII Alleged to be Factor in Serious Injury Crash - Stafford Road north of Borland Road - 01/07/06 A north Portland woman has been cited for multiple crimes, including DUII, following a two-vehicle serious injury crash on Stafford Road about 1/2 mile north of SW Borland Road. On January 7, 2006 at approximately 10:30 a.m., a 1997 Ford Ranger pickup driven by SHANNON M. VANDERLINDE, age 37, from north Portland, was northbound on Stafford Road when it crossed the centerline. The left front headlight area of the Ford Ranger pickup crashed into the left front headlight area of a southbound 2001 Chevrolet Trailblazer driven by MAURENE GOODPASTURE, age 54, from Lake Oswego. GOODPASTURE was seriously injured and transported by LifeFlight to Oregon Health Sciences University. VANDERLINDE received minor injuries and was transported to Meridian Park Hospital where she was treated. Upon release, an Oregon State Police trooper cited her for DUII, Assault Second Degree, Reckless Driving, and Possession of a Controlled Substance - Methamphetamine. Safety restraint use information was not available. Oregon State Police troopers and crash reconstructionists from the Portland and Tualatin offices are continuing the investigation. Stafford Road was closed about four hours. Photograph source: Oregon State Police. ### www.oregon.gov/OSP ### Vancouver Police Dept. - Missing and Endangered Man Located - 01/07/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 38 west of Elkton - 01/07/06 Oregon State Police - Update: Wanted Person in Custody in north Eugene area (Photo) - 01/06/06 Oregon National Guard - Army Aviation Unit of the Year, A Company 249 Aviation, returns to Portland from Iraq tomorrow - 01/06/06 Volunteers of America Oregon - George Passadore to Receive 2006 DePreist Award for Excellence - 01/06/06 Oregon National Guard - Oregon Army National Guard units in Woodburn, Lebanon, Clackamas and Salem to reorganize - 01/06/06 Oregon National Guard - Oregon National Guard unit to recieve Army's newest combat service award - 01/06/06 Oregon Dept. of State Lands - State Launches Streamlined Wetland-Waterway Permit; Public Workshops Scheduled - 01/06/06 Washington Co. Sheriff's Office - Stalking Suspect Attempting Escape is Apprehended by Canine (K9) and Deputies - 01/06/06 Vancouver Police Dept. - Man Missing and Endangered - 01/06/06 Oregon State Police - Update: Fatal Auto / Pedestrian Crash - Highway 238 south of Murphy - 01/06/06 Oregon National Guard - 1st Battalion, 162 Infantry to deactivate due to Army Transformation after more than 100 years service to Oregon and the nation. - 01/06/06 City of Vancouver - Raindrops are falling at the Water Center's next Second Saturday - 01/06/06 West Linn Police Dept. - Willamette Primary School burglarized by vandals overnight, 1 suspect caught, 1 at large. - 01/06/06 City of Vancouver - CITY SCHEDULES ANNEXATION INFORMATION FAIRS - 01/06/06 Oregon State Police - Fatal Traffic Crash - Highway 38 near Drain - 01/06/06 Oregon State Police - OSP Trooper Stop south of Coos Bay Leads to Discovery of Nearly 5 Pounds of Marijuana (Photos) - 01/06/06 Volunteers of America Oregon - Volunteers of America Oregon 2006 Caregiver Training Series - 01/06/06 Washington Co. Sheriff's Office - Armed Robbery at Adult Video Store Nets Cash and Merchandise - 01/05/06 Washington Co. Sheriff's Office - Plane Crash Near North Plains Kills Pilot - 01/05/06 Clackamas Co. Sheriff's Office - Wilsonville Deputies Arrest Suspect Caught Looking into 12-year-old Girl's Bedroom - 01/05/06 Jesuit High - Finding God in All Religions: The Jesuit Approach - 01/05/06 Jesuit High - 36th Annual Food Drive Achieves Goal - 01/05/06 Union Gospel Mission - Union Gospel Mission sees demand for meals increase 8% in 05 - 01/05/06 City of Vancouver - City seeks applicants for neighborhood consolidated funding requests - 01/05/06 Corbett - Corbett Elementary School Ready for Students on January 9th - 01/05/06 City of Vancouver - Hewlett-Packard and City of Vancouver partners in community greening project - 01/05/06 C-TRAN - C-TRAN's Salmon Creek Shuttle Begins Service January 9 - 01/05/06 YWCA Clark County - Keep that Resolution to Help Others: Volunteer for YWCA Clark County - 01/05/06 Oregon Dept. of Human Services - Tobacco sales to minors - 01/05/06 Vancouver Police Dept. - Injured Pedestrian Identified - 01/04/06 Clackamas Co. Sheriff's Office - Clackamas County Sheriff's Office Marine Unit Rescues Man on Wave Runner - 01/04/06 WA School for the Blind - Washington School for the Blind is holding community auditions for "Bye Bye Birdie" - 01/04/06 Washougal - Local teacher recognized for creativity in the classroom - 01/04/06 Clark College in Vancouver - Celebrating the Life and Dreams of Dr. Martin Luther King, Jr. - 01/04/06 Oregon State Police - OSP Trooper Arrests and Cites 120-MPH Driver on Interstate 205 (Photo) - 01/04/06 Corban College - Corban presents Mike Sullivan - 01/03/06 Oregon State Police - Update: Names Released in Fatal Traffic Crash - Interstate 5 southbound north of Cottage Grove - 01/03/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 216 east of Pine Grove - 01/03/06 US Army Corps of Engineers, Portland Dist. - Corps says dams operated as designed following heavy rains - 01/03/06 North Clackamas - North Clackamas School Board invites comments on final bond package - 01/03/06 Oregon State Police - Date Correction: OSP Trooper Finds Missing Northeast Oregon Woman Safe near La Grande - 01/03/06 Clackamas Co. Sheriff's Office - Search Warrant Served at Residence of Deputy David Verbos - 01/03/06 North Clackamas - N. Clackamas Education Foundation fundraiser re-scheduled for April 22 - 01/03/06 City of Vancouver - Tree Talk Workshop set for Jan. 24 - 01/03/06 Oregon State Police - OSP and ODOT Report Fatalities and DUII Arrests Up During New Year's Holiday Period - 01/03/06 Clackamas Co. Sheriff's Office - Deputy Involved in Officer Involved Shooting Incident Identified - 01/03/06 Lancaster Mall - American Red Cross Blood Drive at Lancaster Mall - 01/03/06 Greater Vancouver Chamber of Commerce - U.S. Senator Patty Murray to provide federal legislative update at Chamber Luncheon - 01/03/06 OHSU - OHSU MRI DELIVERY UPDATE 10:30 PM 1/2/06 - 01/02/06 Vancouver Police Dept. - Pedestrian in critical condition after being struck by a car - 01/02/06 Vancouver Police Dept. - Vancouver Police Arrest Burglary-Kidnap Suspect - 01/02/06 Salem Fire Dept. - Salem Fire Fighter Rescues Man Stranded on Top of Vehicle Due To Swift Waters - 01/02/06 Washington Co. Sheriff's Office - Man Stabs Two People With Scissors While Holding Baby. - 01/02/06 Washington Co. Sheriff's Office - Update On New Years Eve Crash - 01/01/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Falling Tree Hits Pickup on Highway 26 west of Banks (Photograph) - 01/01/06 OHSU - OHSU NEW YEAR'S BABY - 01/01/06 Washington Co. Sheriff's Office - Hit & Run Crash Leaves Victim Badly Injured and Suspect in Custody - 01/01/06 Salem Fire Dept. - Salem Fire Fighter Rescue Stranded Motorist Due To Fast Rising Waters - 12/31/05 Clackamas Co. Fire Dist. #1 - New Public Information Officer for Clackamas Fire District #1 - 12/31/05 Oregon State Police - Fatal Traffic Crash - Highway 99E south of Oregon City - 12/31/05 Oregon Dept. of State Lands - Property owners may need approval for high water, erosion control - 12/30/05 Clackamas County - Clackamas County flooding update for 12-30-05 - 12/30/05 Clackamas Co. Sheriff's Office - Grand Jury Returns "Not a True Bill" in Officer Involved Shooting Dec. 22, 2005 - 12/30/05 Oregon Dept. of Human Services - Agate beach health advisory issued - 12/30/05 Clackamas Co. Sheriff's Office - officer involved shooting 12/28/05 - information release - 12/30/05 Oregon State Police - Death Investigation - Highway 551 south of Wilsonville - 12/29/05 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 97 north of Madras (Photos) - 12/29/05 North Clackamas - North Clackamas School District Seeks Budget Committee Members - 12/29/05 Oregon Dept. of Forestry - Forest Resources Institute gains two new members - 12/29/05 Washington Co. Sheriff's Office - Concentration Camp Survivor Donates Money to the Elder Safe Program and Thanks the Washington County Sheriff's Office - 12/29/05 Oregon National Guard - National Guard Prepares to Respond to Wildfires, Floods - 12/29/05 Oregon State Police - Critical Injury Crash - Highway 97 north of Klamath Falls (Photos) - 12/29/05 Stevenson-Carson - Stevenson-Carson School District Events (not including sporting events) January 1-31, 2006 - 12/29/05 Washington Co. Sheriff's Office - Loose Horse Causes Collision on Hillsboro Hwy - 12/29/05 City of Gresham - Citizen Budget Survey Closes on December 31 - 12/29/05 Oregon State Police - Celebrate Responsibly, Driving Safely - 2006 New Year's Holiday Weekend (Photo) - 12/29/05 Oregon State Police - Update: Death Investigation - north of Milton Freewater - 12/28/05 City of Vancouver - City collects two awards for excellence in budgeting and financial reporting - 12/28/05 Ore. State Fire Marshal - Keep chimneys and fireplaces clean to avoid fires during the New Year holiday - 12/28/05 Oregon Dept. of Human Services - New statewide school tobacco policy - 12/28/05 Oregon State Police - Boxing & Wrestling Commission Meeting Schedule - 2006 - 12/28/05



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DUINetwork.com Tennessee : Testing for Blood Alcohol Content Tennessee DUI Home About DUINetwork DUI DEFENDANTS Tennessee DUI FAQs Important Checklist DUI Dictionary DUI Penalties The Arrest Process Sobriety Checkpoints Blood Alcohol Tests - Field Sobriety Tests - Breath Tests - Blood Tests Federal Issues Legal Process Winning Your Case Common Mistakes Other DUI Costs - Travel Restrictions - Career - Probation - Immigration Tennessee Courts FOR ATTORNEYS Publications Organizations Seminars Law Offices of Steven Oberman (Knoxville) Putting our experience to work for you. Free consultation. 865-546-4292 Testing for Blood Alcohol Content By driving a vehicle in the state you give your "implied consent" to submit to a chemical test for alcohol or drug content if suspected by a police officer of driving under the influence. In this state, the officer will only offer a breath test. If you refuse, you will lose your license. When state law talks about "Alcohol Content" or BAC, it refers to the number of grams of alcohol present per 100 milliliters of blood in the person's system. A BAC of 0.10 would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of blood. So when it comes to the legal limit of 0.08, we are talking about a small amount of measurable alcohol. Blood Tests Typically, when chemical evidence is admitted for use by the prosecution, there are more ways to attack the accuracy of a breath test than a blood test. Blood testing involves taking a sample of blood and directly measuring the alcohol content. A blood test also measures for the presence of prohibited drugs and their metabolites in your system. If you have been arrested for OUI in the state or already consented to a , breath test, you are permitted to have a second blood test conducted by an independent source, at your expense. While blood tests are the most reliable method of testing for BAC, they are by no means infallible. Typically, blood samples are drawn by hospital staff. (In some jurisdictions, a police officer might have sufficient training as a phlebotomist to draw your blood, but this is less often the case). In any event, the methods taken to draw blood can have a significant impact on test results and the admissibility of this evidence. Medical personnel must have appropriate credentials and follow precise procedures, otherwise, the test results may be subject to challenge. Contaminated samples or flawed procedures can influence and erroneously inflate BAC results. Provided below is a partial list of sources and examples of defense(s) related to blood tests: HIPAA: The Health Insurance Portability and Accountability Act of 1996 is an evolving piece of legislation and area of healthcare law. Basically, any entity that has access to your medical records or produces any patient medical information (such as test results), must adhere to a strict set of complex guidelines in order to protect patient privacy. Noncompliance with HIPAA regulations by a healthcare provider can influence the admissibility of your blood test results and likewise the outcome of your case. Yeast: If introduced into the blood sample, can produce falsely high BAC readings. Yeast consumes blood sugars. The byproduct is alcohol - indistinguishable from alcohol whose source is an alcoholic beverage. Non-sterile tube: The top of the blood test tube has been contaminated or has not been properly sterilized. Administrative Errors: The lab or hospital has incorrectly identified your sample and your test results are from someone else’s blood. This can be definitively verified through a DNA test. Alcohol Swab: If the site of the needle puncture on your arm was first sterilized with any substance containing alcohol, this alcohol can be transferred to the needle and ultimately into the blood sample and generate erroneously high BAC results. Defective Vacuum: Tubes used to collect blood contain a vacuum that helps deposit blood into the tube. If this vacuum is damaged or does not function properly, contaminants can be introduced that could influence test results. Breath Tests A breath test measures only alcohol and is more error prone. Equations are used to gauge the relative amount of alcohol contained in a sample of deep lung (alveolar) air and law enforcement then has to calculate the amount of blood alcohol that should be present. Testing alveolar air has its problems, in that the sample does not necessarily remain constant. Temperature and breath patterns also affect the content of any given breath sample. Also, many common substances can register as alcohol when in fact they are not. There are several different breath test machines (commonly referred to as a breathalyzers) available on the market. They are manufactured by private companies and sold to law enforcement agencies. These different devices come with their own unique characteristics and requirements for proper use and care. The improper use, testing and/or maintenance of these various devices can play a significant role in your defense. Likewise, it is important to select an attorney with a high degree of familiarity with these machines. Even the most advanced breathalyzers, such as the Intoxilyzer, has its problems.The Intoxilyzer uses infrared spectrometry to measure the degree of alcohol in a breath sample. A quartz lamp inside the machine radiates infrared energy through the sample. The amount of energy that makes it through the sample (and is not absorbed by alcohol) is then measured and calculations are made. The greater the amount of alcohol present in the sample being analyzed, the greater the absorption. However, to deliver results admissible in court, the breath testing device must have been properly maintained and operated. Even when functioning properly, it has a modest but inherent margin of error. So, even if you've failed a chemical test, there are ways to challenge the results. A skilled attorney must be engaged to adequately assess how these test results may be successfully defended or thrown out altogether. Field Sobriety Tests Most OUI cases include evidence from field sobriety tests ("FST’s"). These tests, such as the One Leg Stand, Walk and Turn and Horizontal Gaze Nystagmus (Eye Test) are used by law enforcement to establish probable cause and help secure DUI convictions. These roadside tests are completely voluntary. Refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you are not to refuse to take these tests). The biggest drawback is that, typically, the prosecutor can use your refusal against you in court. It is important to understand that no studies conclusively link the roadside "Field Sobriety Tests", to a persons level of intoxication. Even when conducted under ideal circumstances, the best studies show less than an 80% rate of accuracy. Also, these tests results are influenced by how well the officer conducted the tests and in some instances, his or her own interpretation of your performance. These circumstances can lead to results that are unreliable or inconclusive – results that can be successfully defended more often than most defendants realize. Only three of the tests available to officers have sufficient merit to be recognized by the National Highway Traffic Safety Administration (NHTSA). These tests include Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One Leg Stand Test. No other tests given in the state have been validated in any official way. Examples include the Finger to Nose Test, the Rhomberg Balance Test, counting or saying the ABCs backwards, counting ones fingers, etc. There is no proven correlation to these test results and ones ability to safely operate a motor vehicle. The Arrest Process This section provides an overview of the process an officer will go through to determine whether to arrest you for driving under the influence of alcohol or drugs. Signs of Impairment People operating a vehicle under the influence typically exhibit some symptoms of impairment. The vehicle might be going extremely fast or extremely slow. Officers look for a willingness to take risks, poor coordination, slowed reactions and impaired vision. Routine traffic violations are also used - violation of a posted control sign, a failure to use a turn signal, inappropriate use of high beams or other cues that alert the officer to a driver that might be influenced by intoxicants. An officer requires a reasonable belief that the driver was operating in an unreasonable manner, or a reasonable suspicion that a law has been broken, to justifying pulling a vehicle over. The National Highway Transportation Safety Administration (NHTSA) has established specific visual cues that indicate a driver’s probability of being legally intoxicated. Officers often rely upon this information to establish a basis for stopping suspected drunk or drugged drivers. When the officer sees more than one cue, the probability rises. The probabilities listed below correspond to the officer observing only one cue: THE OFFICER'S VISUAL CUE CORRESPONDING PROBABILITY OF IMPAIRMENT Headlights off 30% Accelerating or decelerating rapidly 30% Turning abruptly or illegally 35% Stopping inappropriately (other than in the lane of travel) 35% A slow response to traffic signals 40% Driving into or crossing traffic 45% Erratic application of the brakes 45% Driving with tires on center or lane marker 45% Drifting 50% Following too closely 50% Stopping without cause in the lane of traffic 50% Driving slower than 10 miles per hour 50% Swerving 55% Driving on other than the designated highway 55% Weaving 60% Almost striking object or vehicle 60% Appearing to be drunk: (eye fixation; tightly gripping the steering wheel; gesturing erratically or obscenely; face close to the windshield; drinking in the vehicle; driver's head protruding from vehicle) 60% Straddling center or lane marker 65% Turning with wide radius 65% There is also an opportunity for the observation of several more cues of impairment when an officer initiates a traffic stop. These observations can be used to prove the driver was under the influence. Typical observations include a lack of response or a slowed response to flashing lights or sirens, pulling over suddenly or in an inappropriate place, abruptly swerving or attempting to flee, as examples. Prosecutors and officers also use this opportunity to look for signs of "divided attention", invoking a theory frequently used to explain impairment. It is based on the assumption that the ability to execute multiple tasks simultaneously is limited by alcohol or drugs in the system. Flashing lights, sirens and other distractions must be dealt with that a driver under the influence may have trouble handling. However, there could be other reasons why a driver experienced some difficulty in these situations. Making Contact with the Driver Once the stop has been completed, the officer begins the process of making personal contact with the driver. After an officer approaches the vehicle, they observe and interview the driver, usually while the driver remains in the vehicle. The officer typically asks the driver general questions while looking for evidence of impairment, such as an odor of alcohol, bloodshot eyes, flushed face, slurred or impeded speech, etc. The officer will also note if the driver has any trouble retrieving their license and registration from a pocket or glove compartment. The officer will also look around the vehicle for any evidence in plain view, such as beverage containers or drug paraphernalia. The officer may also administer some simple verbal exercises or other preliminary, seated sobriety tests to help determine impairment. Next, the officer decides whether to request that the driver get out of the vehicle. Does the driver trip, stumble or use the door for support? The officer observes how a driver exits the vehicle. Screening Once the driver is out of the vehicle, the officer enters a pre-arrest screening phase of the DUI investigation. First, the officer administers field sobriety tests. These tests attempt to provide a judge (or jury) with clinical symptoms of impairment. They may also serve to reinforce the officers prior observations of the suspect. A skilled defense attorney will thoroughly scrutinize every detail of these tests. For example, the test results might be discredited by successfully asserting that: The officer didn't first properly demonstrate the test; The driver didn't under stand the test well enough to perform it; The lighting was insufficient; The road was uneven or otherwise unsuitable; The weather conditions were poor; That driver had a pre-existing physical condition which affected test performance... Even if an officer does everything possible to minimize these defense arguments, it can be difficult to conduct tests under flawless conditions. The "standardized" field sobriety tests that NHTSA recommends are Walk and Turn , One Leg Stand and Horizontal Gaze Nystagmus . Other, non-NHTSA standardized field sobriety tests include, among others, the Coin Toss Test , Finger To Nose Test and various Balancing Tests . Following the field sobriety tests, the officer's next task in a DUI investigation is typically to administer a preliminary breath test (PBT), which the police use to confirm the chemical basis for impairment. This test is performed with a hand-held device (often an Alcosensor III). This portable device generally does not have an attached printer. A preliminary breath test is for investigatory purposes only and results are not typically admissible in Court. If the officer has evidence of drug impairment, it will be necessary to seek out assistance from an officer who has been trained and certified as a Drug Recognition Expert (DRE). Note that the majority of law enforcement officers do not have DRE status. Likewise, most officers are not certified to administer a standardized drug recognition examination of a suspect. The arrest occurs at the conclusion of the pre-arrest screening process. If the officer decides to arrest the suspect, he must have probable cause that the driver is under the influence of alcohol or drugs. If mistakes or improper procedures by law enforcement occurred at any point along this process, a good OUI defense lawyer will make certain that these facts are appropriately used in your defense. Sobriety Checkpoints Sobriety checkpoints (police roadblocks) used to screen drivers for OUI are legal in the state. At a given location, these checkpoints provide a place where law enforcement can stop vehicles, question drivers and observe them for signs of intoxication. These checkpoints can result in a considerable number of DUI arrests each year. Driving makes you are subject to these DUI checkpoints. If you turn around prior to reaching the checkpoint, there is a good chance that you will be followed. If the officer notices a traffic violation or other driving behavior that provides just cause to pull you over, you will likely be stopped. If you fail to stop for a checkpoint, the police can pursue and pull you over. If you are at a OUI Checkpoint and the officer develops a reasonable suspicion that you are under the influence, you may be detained further. This detention might include requests for you to perform field sobriety tests, or to answer questions about your intake of alcohol or drugs. If the officer develops probable cause, you may be arrested and asked to perform a test of your breath, blood or urine to determine the presence of alcohol or drugs. There are a number of guidelines law enforcement must follow to properly conduct sobriety checkpoints. These exact procedures must conform to state regulations and also to avoid violating your constitutional protections from unreasonable search and seizure. For example, detentions must be brief and only long enough ensure you are not intoxicated, unless some other crime is observed or in progress. To adequately ensure that your rights have not been violated and all of your defenses have been thoroughly explored, consult an experienced drunk driving practitioner if you have been arrested at a sobriety checkpoint. The DUI Network Websites: Arizona Maryland Massachusetts Tennessee Texas



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