DUI Laws | DWILaws

breathalyzers to accurately represent

Breathalyzers - Steal This - National Motorists Association Breathalyzers Fail Legitimacy Test The technological backbone of the nation's anti-drinking and driving crusade is the Breathalyzer test. This is the process where the breath of suspected drunk drivers is tested for the presence of alcohol. The Breath alcohol content is then converted by a standardized formula to determine the Blood alcohol content, which is the actual indicator of impairment. The whole process appears very scientific, very equitable, and very fair. The problem is that the process is not any of these things. It is not scientific nor does it rely on existing and accepted science. It is not equitable in that there is a wide variation in the results from person to person. And, it is not fair given that persons who are not realistically impaired are found "guilty" of drunk driving and persons who may be significantly impaired escape detection as drunk drivers. Blood alcohol content can be accurately measured by a blood test. Blood alcohol content has been generally accepted as an accurate indicator of impairment. Setting aside the accepted fact that alcohol tolerance and effect varies greatly from individual to individual I want to exclude that issue to focus solely on the ability of the breathalyzer to accurately determine Blood alcohol content by measuring Breath alcohol content. Peer reviewed and uncontested studies (LaBianca, Simpson, Thompson et.al.) prove a margin of error of 50 % when comparing breathalyzer estimates of Blood alcohol content to actual Blood alcohol content! That means a breathalyzer reading of .1 % represents a Blood alcohol content level somewhere between .05 % and .15%, hardly a level of precision on which to base an irrefutable presumption of guilt! When confronted with this proven inability of breathalyzers to accurately represent Blood alcohol content some state legislatures, in their wisdom and desire for expedience, have decided to grant Breath alcohol content the same status as Blood alcohol content as irrefutable evidence of intoxication, impairment and drunk driving. This is criminal in its error and implementation. Breath alcohol content is a legitimate measurement of only one thing, the alcohol content of the sample of air it is measuring. It is not an accurate indicator of Blood alcohol content, nor an accurate indicator of alcohol related impairment. Breathalyzer readings should not be considered as per se evidence of Driving While Intoxicated (or impaired) unless the reading is high enough to overcome the inherent 50 % margin of error. That means a Breathalyzer reading must exceed .2 % in a state with a .1 % DWI threshold to be granted per se status (irrefutable presumption of guilt). Breathalyzer readings above .1 % and below .2 % should be accorded prima facie status (rebuttable presumption of guilt). Breathalyzer readings below .1 % should be accorded no credibility beyond providing probable cause for a DWI arrest. In no case should breath alcohol content be considered an accurate measurement of Blood alcohol content or the degree of impairment. The desire to eradicate the deaths, injuries and property damage associated with drunk driving does not excuse the courts or legislatures from their duty to provide just laws that are fairly administered. If standards, limits and quantities are included in these laws they should be relevant to the subject at hand, clearly delineated, and accurately measured. If there is room for substantial error there should be appropriate opportunities for the accused to address those errors in their defense. The "rush" to arrest and punish drunk drivers has badly trampled these principles. If you looked at our site and didn't join, could you tell us why? Click here to send a brief note. (C) National Motorists Association, All Rights Reserved.

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Blood Alcohol Content Tester

AlcAlert Blood Alcohol Content Tester Monday-Friday: 8am-4pm (Mountain Time) Order Toll Free 877-413-8800 | Ambient Support 480-283-1644 Ambient Weather Ambient Devices Boltek Lightning Detectors Davis Instruments Extech First Alert Weather Radios Garmin GPS Honeywell Weather Stations Kestrel Wind Meters La Crosse Technology Magellan GPS Mannix Instruments Maximum Weather Instruments Midland Corporation Oregon Scientific Rainwise Weather Stations Reecom Weather Radios Skyscan Lightning Detectors Speedtech Instruments Spectrum Lightning Detectors StrikeAlert Lightning Detectors Texas Weather Instruments WeatherHawk Weather Stations Whitehall Products A-C Manufacturers D-F Manufacturers G-I Manufacturers J-L Manufacturers M-O Manufacturers P-S Manufacturers T-V Manufacturers W-Z Manufacturers -- -- AlcAlert Blood Alcohol Content Tester America's premier sensor technology company has developed a new way to measure Blood Alcohol Content. The AlcAlert measures the level of alcohol in a person's breath by utilizing advanced semi-conductor gas sensor technology. It clearly displays the Blood Alcohol Content in precise digital percentile increments, all this in about ten seconds. It's easy to use. Simply press the button, wait for the beep, blow into the unit, and within seconds the LCD displays a precise readout. The AlcAlert model BT5500 comes with 2 AAA batteries and a carrying pouch. Inventory Status... Sku: BT5500 $39.95 Quantity: ADVANCED GAS SENSOR TECHNOLOGY Utilizes advanced semi-conductor gas sensor technology to measure the level of alcohol in your blood via a breath sample COMPACT Easily fits into your pocket, purse or day planner; about the same size as a lighter EASY TO READ Clearly displays level of blood alcohol concentration (%BAC) in increments of 0.01% ranging from 0.00 to 0.12 %BAC SIMPLE AND QUICK TO USE Blow into the unit and within seconds read your BAC% on the LCD screen AUDIBLE ALERTS Beeps when the unit is ready for use and after a breath sample registers ERROR WARNING Alerts you with "smart" messages regarding incomplete breath samples and saturation levels BACKLIGHT Makes the LCD easy to read in low light conditions LONG BATTERY LIFE Operates for over 300 uses on 2 AAA batteries (included) DUAL LOW BATTERY ALERT Alerts when batteries are getting low and need to be replaced soon, and when the batteries are too low for an accurate reading INCLUDES Protective pouch and batteries Energizer AAA Lithium Batteries - for Cold Weather Climates (2-pack) Home | Contact Us ©2006 AmbientWeather. All Rights Reserved. Web Design by Global 1 Design .

D.U.I.

Jeff Quinton - Backcountry Conservative: Race-based DUI Courts in Phoenix -- « | Main | » January 16, 2006 Race-based DUI Courts in Phoenix Rachel Alexander of Intellectual Conservative: Almost 38 years after Martin Luther King, Jr. delivered his famous I Have a Dream speech, separate but equal still exists in Maricopa County, Arizona. Under the guise of multiculturalism, the Presiding Judge of the Maricopa County Superior Court, Barbara Mundell, has set up separate race-based courts for defendants convicted of aggravated DUIs. Defendants who speak Spanish are sent to their own Hispanic court, which is conducted by Judge Mundell in Spanish. Prosecutors, defense attorneys, probation officers, and members of the public must ask for headphones, if available, to have the proceedings translated into English. Very little is recorded, so it is impossible to determine afterwards with accuracy such things as the circumstances surrounding a decision to sentence a defendant to jail for violating probation. Native Americans are segregated into their own court, and are required to show up together on one designated day each month. They are required to participate in sweat lodges and talking circles, regardless of whether their tribe historically participated in such activities. Some of the Native American and Hispanic DUI defendants have objected to the separate courts. All other DUI offenders, whether white, black, or other race or nationality, are assigned to standard DUI Court. The local NAACP is outraged by this two-track system of justice. The Reverend Oscar Tillman, President of the Maricopa County NAACP, has joined Maricopa County Attorney Andrew Thomas in calling for a halt to race-based courts. [...] Judge Mundell refuses to disband the race-based courts, claiming there are no constitutional issues involved since DUI Court covers probation, not a defendants initial trial. This is an incorrect interpretation of the law. Last year, the Supreme Court addressed the issue of separating prisoners by race in Johnson v. California. The court held that strict scrutiny applied there, as well as to the criminal justice system generally. Judge Mundell has provided no compelling reason why separate courts are necessary. Spanish-speaking DUI defendants are already provided interpreters throughout all aspects of the court system. [...] Judge Mundell has stated that she would be happy to set up separate courts in other languages for African-Americans, Asians, and other ethnic groups if there were sufficient numbers to justify each court. This is not the answer; it is silly and would cost taxpayers an unnecessary amount of money. Racial segregation did not work in the past, and it will not work today. The criminal justice system is the first place Americans should be assured of fair treatment. Martin Luther King, Jr. spoke in 1968 of his dream that his children would one day live in a nation where they will not be judged by the color of their skin but by the content of their character. It is disturbing that Dr. Kings speech addressed the precise situation today in Maricopa County Superior Court. Judging on the basis of skin color constitutes state-sponsored discrimination and must be ended. Posted by Jeff Quinton at January 16, 2006 09:11 PM| TrackBack TrackBack URL for this entry: http://www.jquinton.com/cgi-bin/mt/mt-tb.cgi/3201 Comments Post a comment Name: Email Address: URL: Remember personal info? Yes No Comments:

DUI Attorney, Criminal Expungements,

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