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Drug Abatement Research Discussion: Re: Breathalyzers Re: Breathalyzers From: Robert J. Chapman, Ph.D. ( chapman@LASALLE.EDU ) Date: Tue Jun 13 2000 - 08:19:53 EDT Next message: Robert J. Chapman, Ph.D.: "Increasing the availability of nonalcoholic alternatives at off-campus parties" Previous message: Gloria Mayrand: "Breathalyzers" Maybe in reply to: Gloria Mayrand: "Breathalyzers" Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] Gloria - I have had limited experience with the use of Breathalyzers in residence halls, although the experience was positive. I have a couple suggestions for your consideration: 1. DO NOT have police or campus security operate the breath equipment. This will reduce the number of students involving themselves in the project and increase suspicion as to the project's intention. Even if the "authorities" are in plain clothes and pledge to not prosecute, I would recommend against this. 2. If you need to have someone outside your program provide/operate the equipment, contact a treatment agency or detox center and see if you can arrange for them to conduct the screening. Offer the opportunity to advertise their agency or provide a small donation...perhaps contact a social service major at your school and see if this could somehow be done in conjunction with a field experience for students in a certain undergrad or grad course. 3. Provide literature on the correlation between weight/gender/time/number of drinks and BAL Provide a handout with links to various sites on the web that have BAL calculators. Perhaps even offer a like, at the site if possible, so students can 'try it out" or even play with the reading they get from the Breathalyzer in order to calculate how many drinks they had. (This can be an interesting experience in that a student may report having "a couple" drinks, but the reading suggests many, ergo, the drinks were more than "one drink" each, e.g., Long Island Iced Tea, etc. 4. NEVER announce the night you are going to conduct the testing. If you do one of 2 things, if not both, may happen - a) a contest ensues as to who can get the highest BAL, or b) folks avoid your check point. 5. Last, but perhaps most important, make sure you have the approval of your school to conduct this with no chance of recrimination for students who participate. The last thing you want is to be associated with an activity that 'trapped" students. In closing, the last time La Salle did this, a pizza delivery guy blew the highest BAL all evening...a .17 Robert Robert J. Chapman, Ph.D. Coordinator, AOD Programs Associate Faculty, Clinical/Counseling Psychology La Salle University Counseling Center 1900 W. Olney Ave. Philadelphia, PA 19141-1199 Phone: 215-951-1355 Fax: 215-951-1451 mailto: chapman@lasalle.edu home page http://www.lasalle.edu/~chapman/home.htm Next message: Robert J. Chapman, Ph.D.: "Increasing the availability of nonalcoholic alternatives at off-campus parties" Previous message: Gloria Mayrand: "Breathalyzers" Maybe in reply to: Gloria Mayrand: "Breathalyzers" Messages sorted by: [ date ] [ thread ] [ subject ] [ author ] This archive was generated by hypermail 2b29 : Tue Jun 13 2000 - 08:14:08 EDT
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Miami DUImiaminewtimes.com | | Metro | A Collision Course | 1998-09-10 ARCHIVE SEARCH Metro A Collision Course Drunk drivers are getting away with it these days, thanks to peevish Miami-Dade cops By Kirk Nielsen Published: Thursday, September 10, 1998 Printer friendly version of this story Email Kirk Nielsen More stories by Kirk Nielsen Send a letter to the editor Send this story to a friend Letters Letters from the Issue of January 19, 2006 I tremble at the thought of facing down Bat-mullah! Feature A Fish Farmer's Tale Could this be the next salmon? All Things Jewish Ambition pays off as film festival sprawls Metro The Boat to Perdition Will 2006 prove friendlier for the casino cruise business? Golden Conflict This judge has some 'splainin to do The Bitch Hypertactile The Bitch detects tragedy, deflects an army of skanks, and parses FPL-speak At Wet Willie's bar on Ocean Drive, a cheery Mike Goodwin, age 28, holds a big strawberry daiquiri in one hand and snakes the other through the air to imitate a drunk driver weaving through traffic. "If a guy's doing this down the road, take him to jail!" he exclaims. His friend Jesse Bakker, age 23, notes that he has never been pulled over for driving under the influence (DUI) and knocks on the shiny wooden bar. Not to worry. The risk of arrest for DUI in much of Miami-Dade County is the lowest in years. Busts have plummeted, not because there are fewer drunk or high drivers but because cops are making fewer stops. In fact, traffic deaths attributed to alcohol or illegal drugs are up slightly in the county despite a nationwide decline. DUI collars by the Miami-Dade Police Department have slumped like a souse after his tenth shot of tequila -- from 2553 in 1996 to 1653 last year, according to state statistics released in June. That's a 35 percent drop. This year's numbers are even lower so far. By contrast, arrests by Broward County police departments rose ten percent, from 5532 to 5937 between 1996 and 1997. Why the DUI dip in Dade? One explanation that even top police officials cite: Officers are still peeved about being portrayed as conniving money grubbers by the Miami Herald's "Collars for Dollars" articles last year. And they are annoyed at State Attorney Katherine Fernandez Rundle for letting cops take all the heat from that five-part series. The investigation, published in July 1997, revealed that officers were earning tens of thousands of dollars in overtime pay to appear in court on DUI cases. Many times their testimony, and thus taxpayer expense, was unnecessary. According to the Herald, several officers would routinely back up others making a DUI arrest. Because the back-up cops were witnesses, they would all be required to appear in court. The cops/witnesses often spent two days per week awaiting and attending hearings. In response to the Herald series, the Miami-Dade Police Department disciplined 32 officers and demoted four supervisors. "We're always the scapegoats. We're always the punching bags," complains John Rivera, president of the Dade County Police Benevolent Association. He says officers have indeed cut back on DUI stops because they are still upset about the bad press and the officers' punishment. "If we do too many DUIs we're criticized for being money-hungry. If we don't do enough, then our performance evaluations are reflective of a lazy cop," he huffs. "There's a saying: 'No work, no problems.'" Jose Zarraga, head of the department's DUI office, says the drop in arrests has been a "hot issue" among his colleagues for months. "Boy oh boy," he guffaws. "I don't want it to seem like I'm insulting my fellow officers. For whatever reasons the officers had, they just felt it was incumbent on them not to make DUI arrests." The Herald series "impacted the officers considerably," he observes. Soon after the articles appeared, Miami-Dade Police Director Carlos Alvarez ordered his supervisors to limit the number of cops backing up DUI arrests, says Zarraga. And prosecutors began subpoenaing fewer of them. Moreover, some lieutenants, captains, and majors have "gone overboard" by ordering their subordinates not to make any DUI stops, "which is itself a violation" of the law, he laments. "That's unconscionable." Zarraga remembers riding the DUI gravy train two years ago. The midnight shift offered the best chance to cash in on such arrests, he explains. It was prime time for finding wasted drivers. And at shift's end in the early morning, he would head to the county courthouse for appearances by DUI defendants arrested months before. Zarraga concedes it was a lucrative -- though sleep-depriving -- system. In 1996 DUI-induced overtime inflated his $58,000 base salary to about $87,000. He now earns approximately $62,000 in his administrative job. The officers are particularly miffed at Rundle. Rivera and Zarraga say the vast majority of those caught up in the scandal were just following Rundle's orders to appear in court. "What the Herald failed to say is that the officers continued to come to court because the state attorney's office continued to subpoena them," Zarraga notes. 1 2 NEXT Contact Us | ©2005 New Times All rights reserved. | Privacy Policy | Bug Report | RSS
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California DWISouthern California Criminal Defense and DUI Lawyer - Areas of Practice - California Drunk Driving Information - San Diego DWI Attorneys Contact Us Now Other Areas DMV Matters California Drunk Driving DUI Checkpoints Los Angeles DUI Orange County DUI San Diego DUI Long Beach DUI Inland Empire DUI Field Sobriety Tests Criminal Law Drunk in Public Speed Citations Burglary Narcotics and Drugs Assault and Battery Domestic Violence Immigration Hit and Run Juvenile Defense Forgery and Fraud Expungement Personal Injury and Civil Estate Planning Warrant Alternative Sentencing SAN DIEGO DWI ATTORNEYS San Diego DUI Welcome to our San Diego DUI and Drunk Driving Information page, your source of legal information about driving under the influence laws, DUI penalties, DMV driver's license suspensions, DUI/DWI lawyers, criminal courts, blood-alcohol evidence, car insurance after a DUI, and police investigative procedures in San Diego County, California. Police Agencies, Procedures, and your Legal Rights: Persons prosecuted in San Diego were likely arrested by one of the following agencies: San Diego Police Department San Diego County Sheriff San Diego Harbor Police Department Carlsbad Police Department Chula Vista Police Department Coronado Police Department Escondido Police Department La Mesa Police Department San Diego County District Attorney San Diego County Marshal's Office San Diego State University Police Department University of California Police San Diego University of San Diego Department of Public Safety Police Procedures: The law requires that an officer have probable cause before you are arrested. Typically, the training for officers as well as case law, requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective, and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine, to establish alcohol in your blood. Your Miranda warnings, or the "reading of your rights", also require that you be advised or warned before they take testimony from you after arrest. Your Rights: You have the right to refuse the FST's, and you have the right not to state anything that may incriminate you. You even have the right to refuse a blood, breath, or urine test, but if you do so, your license will be suspended for one year. You always have the right to be treated fairly by the police, and for the police to not use unreasonable force against you during arrest. How can I estimate my Blood-Alcohol Level? Use our Blood Alcohol Level (BAC) Calculator . DUI Charges (The Law) The California Vehicle Code, specifically, VC section 23152(a) and 23152(b), sets the law on DUI cases, and states as follows: VC 23152: (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California's "legal limit". The term "alcoholic beverage and drug" or "alcoholic beverage or drug" in the (a), or first count, does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system. Your Driver's License and the DMV: THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days) from the date of your arrest to protect your driving privileges. It is best, if you are going to retain an attorney, to allow the attorney's office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for all San Diego DMV matters, to do so, is reproduced here: The San Diego Office of Driver Safety: phone: (858) 627-3901 fax: (858) 627-3925 9174 Sky Park Court, Suite 200, 92123-2666 When you call, advise them that you are retaining an attorney, that you request a stay on your driver's license suspension, and that you will be sending a written request for discovery. They will ask if you request an "in person" or "telephonic" hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard. At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a "hardship" license based upon medical, employment, or education right to drive, unless you are under age 21. At your hearing, only the following issues will be discussed, by law: (If you took a blood, breath or urine test) Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153? Were you placed under lawful arrest? Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21? Prosecutors: San Diego County Drunk Driving or DUI violations within the city of San Diego, as well as infraction or municipal code violations within San Diego, are handled by the San Diego City Attorney's Office: San Diego City Attorney All other San Diego DUI or criminal cases are handled by the San Diego County District Attorney: San Diego County District Attorney San Diego DUI Defense Attorneys: San Diego Public Defender's Office Robert Miller and Associates Court Locations and Phone Numbers: The San Diego County Court System has five Locations where San Diego County DUI cases may be prosecuted, depending upon which court had jurisdiction over the location where the arrest took place: San Diego Courthouse 220 West Broadway San Diego, California 92101 phone: (619) 685-6220 Criminal Records (General) Phone: (619) 531-3040 North County Regional Center (Vista Courthouse) 325 South Melrose Vista, California 92081 Phone: (760) 726-9595 East County Regional Center (El Cajon Courthouse) 250 East Main Street El Cajon, California 92020 Phone: (619) 441-4342 South County Regional Center (Chula Vista Courthouse) 500 3rd Avenue Chula Vista, California 91910 Phone: (619) 691-4736 San Diego Juvenile Courts 2851 Meadowlark Drive San Diego, California 92123 Phone: (858) 694-4601 What may happen to my insurance? There are two ways insurance companies generally deal with customers convicted of a DUI in Orange County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can't hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you've been canceled, and then you'll have to find another insurer while having a cancellation on your claims history. Some insurance companies don't offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need. Insurance Links: California Department of Insurance Great link for California insurance questions and facts. Insurance Information Institute Excellent Link for insurance questions and facts. Insurance Institute for Highway Safety Good link for transportation safety in the USA. National Association of Insurance Commissioners Information about insurance commissioner contacts in all states. A.M. Best Insurance Information Services The definitive guide to rating insurance companies in the USA. Insurance Information Network of California An excellent resource site for general information questions in California. San Diego County DUI Legal Research Links: San Diego County Sheriff's Inmate and Booking Log (Who's In Jail) San Diego County Outstanding Warrants San Diego County Law Library San Diego County Ordinances (San Diego Municipal Code) San Diego County Rules of Court San Diego County DUI Local Service Phone Numbers: Alcoholics Anonymous Central Office (619) 825-4700. Gamblers Anonymous (GA) Hotline (619) 239-2911. Medical Aid for Indigents (619) 236-7501. Narcotics Anonymous Central Office, (619) 584-1007. Nicotine Anonymous Hotline (760) 781-5070. Overeaters Anonymous Central Office (619) 5633-4606 or (619) 563-4607. Salvation Army Rehab Center, (619) 239-4037. Supplemental Food Program (SHARE) (800) 773-7427. Veterans Affairs Alcohol & Drug Treatment, (619) 552-7560 San Diego City Help: non-profit support group for persons with herpes. Support group meets first Thursday of month and medical information third Thursday at UCSD Medical Center, Hillcrest. Info (619) 491-1194 Professional Organizations: American Bar Association Association of Federal Defense Attorneys Bar Associations California Attorneys for Criminal Justice (CACJ) California District Attorneys Association California Public Defenders Association Los Angeles County Bar Association National Association of Criminal Defense Lawyers National Association of Drug Court Professionals National Criminal Defense College National Lawyers Guild National Legal Aid & Defender Association San Diego Bar Association The State Bar of California Home | About the Firm | Areas of Practice | Law Resources | Contact Us Home Areas of Practice California Drunk Driving Information San Diego DWI Attorneys © Robert Miller and Associates, All Rights Reserved Legal Disclaimer Toll-Free Phone: (877) 568-2977 eMail: info@expertlawfirm.com Site Map
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Illinois DUI Laws Findgreatlawyers.comis Illinois DUI Questions, Lawyer Referrals What We Do How It Works Hot Topics Contact Us Lawyers Do I Need to Hire a Lawyer? Our Pledge to You FAQ's en Espaol Home Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to an Illinois attorney for free. In confidence you can ask questions and obtain a referral to an independent lawyer that best fits your needs. Illinois Lawyer Referrals and Legal Guidance Frequently Asked Questions About Illinois DUI Laws Findgreatlawyers.comis a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois traffic law cases. Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contactus form and we will contact you. All inquiries are kept in strict confidence. Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to our staff of Illinois attorneys for free and in confidence to ask questions or obtain a referral to an independent lawyer we know that best fits your situation. The following is a list of frequently asked questions that we receive on Illinois DUI laws. If you have additional questions do not hesitate to contact us at any time. Can I go to jail if I was arrested for driving under the influence in Illinois? Yes. For first time offenders the jail sentence can be as long as one year. For people convicted of two DUIs within five years there is a mandatory five day jail sentence at minimum. Longer jail sentences are possible if the DUI resulted in an injury to another person. Will I lose my license if I am convicted of a DUI? Yes, for at least one year. I live in Illinois, but received a DUI in another state. Can Illinois revoke my license? Yes, Illinois recognizes suspensions of licenses in other states so if you lose driving privileges in one state you will lose them in Illinois as well. I was pulled over and the police forced me to give blood so it could be examined for alcohol content. Is this legal in Illinois? As long as there was not an accident that resulted in an injury to another person then this would be illegal and any test should be thrown out by a judge. I was given a portable breath test by a police officer. Is that allowed in Illinois? No, portable breath tests are not allowed in Illinois and will be thrown out by a judge and never entered into evidence. Can I represent myself if I have been charged with a DUI? While you are allowed to represent yourself, given the potential for jail time, large fines, loss of driving privileges, etc., we would never recommend that someone who has been charged with a DUI represent themselves. There is an old saying that a lawyer who represents himself has a fool for a client. Are Illinois DUI penalties higher if a child was in the car when the driver was pulled over? Yes, if convicted the offender would face mandatory jail time, mandatory community service and a minimum fine of $1,000.00. I took a breathalyzer test and failed. Is there any way to avoid a DUI conviction? Yes, numerous studies have shown that not all breath tests are reliable and there are many other factors that can contribute to blood alcohol content. While a failed breath test presents an uphill battle, an experienced Illinois DUI defense lawyer knows how to analyze the entire situation to determine if there are defenses to the charge. Does my attorney need to be licensed in the County where the court hearing will take place? No, there is no such thing as being licensed by a County in Illinois. Your attorney just needs to be licensed to practice law in the state of Illinois. However, we highly recommend If you have any questions about Illinois DUI laws or would like a referral to an Illinois traffic lawyer, please contact us. All inquiries are free and confidential. Findgreatlawyers.com is a free service, run by Illinois lawyers, to help people with any Illinois legal matter. From Chicago to Belleville, to Peoria to Rockford and all locations in between, we will use our best efforts to help you with your legal situation. 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DUI / DWI, Drinking 
