Blood Alcohol Level

D.W.I.

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Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - The officer used a penlight. Is this a field sobriety test? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - The officer never gave me a miranda warning. Can I get my case dismissed? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - Why am I being charged with two crimes? - Do I need a lawyer or can I represent myself? - What defenses are there in a dui case? - What is a rising bac defense? - What is the punishment for drunk driving? - What is a sentence enhancement? - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? - What is the criminal statute of limitations on a dui / dwi? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? - I caused an automoble accident involving three other cars while intoxicated. The police at the accident questioned me but never ticketed me. I was sent to the hospital along with the other accident victims. At the hospital my blood was drawn as part of hospital procedure. Do police have access to the hospital/patient information and blood specimens? Breathalyzer, urine, blood tests - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? Cough syrup - I took some codeine cough syrup and then got arrested for drunk driving. The blood test showed the codeine, but the alcohol level was not high enough to be a problem. They still charged me with driving under the influence. Should I fight it or plead? Drunk driving arrests - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - Why am I being charged with two crimes? Drunk driving defenses - What defenses are there in a dui case? - What is a rising bac defense? - The officer never gave me a miranda warning. Can I get my case dismissed? Insurance - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? Legal help - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - Do I need a lawyer or can I represent myself? Miranda warning - The officer never gave me a miranda warning. Can I get my case dismissed? Penalties for drunk driving - What is the punishment for drunk driving? - What is a sentence enhancement? Roadside (field sobriety) tests - If a police officer pulls me over, what kinds of roadside tests can the officer ask me to perform? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - The officer used a penlight. Is this a field sobriety test? - Can I refuse to take field sobriety tests? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? Traffic stops - What do police officers look for when searching for drunk drivers on the highways? - What is the officer looking for during the initial detention at the scene? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - If im stopped by a police officer and he/she asks me if ive been drinking, what should I say? - I received a dui while living in state a, did not take care of the violation and moved to state b. Is there a statute of limitations on this? If not, what is my best option? 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McADOC : Bridgewater State College BSC Home | Academics | Admissions | Athletics | Careers | Library | Directions | Site Map | Search McADOC Home Features Health Risks of Alcohol Blood Alcohol Content Chart Health Risks of Other Drugs McADOC Calendar Resources Links Healthy Habits Newsletter Related Links Health Services Counseling Center BRIDGEWATER STATE COLLEGE Media Campaign Addressing Drugs on Campus BSC Home > Administration > McADOC Blood Alcohol Content Chart BAC Effects* .02 About one drink. Light or moderate drinkers feel some effect, usually warmth and relaxation. Drivers under 21 will have their license suspended. .04 About one and a half drinks in an hour. Most people feel relaxed, talkative, happy; the skin may flush. Fine motor coordination will be affected. .05 About two drinks in an hour. First recognizable changes occur, with lightheadedness, giddiness, lowered inhibitions and less control of thoughts. Restraint and judgment are lessened and coordination may be slightly altered. Driving is significantly more dangerous and should be avoided. DWI convictions occur at this level at judge’s discretion. .08 Three to five drinks in an hour. Muscle coordination is impaired and reaction time is slower. There is sensory numbness in the face and lips. Hands, arms and legs may tingle, then feel numb. Loss of self-control. Crash risk greatly increased. Legally intoxicated in Massachusetts and most other states for drivers over age 21. .10 About five drinks in an hour. A clear deterioration of reaction time and muscle control is present. Slurred speech and a general clumsiness are present. .15 Five to seven drinks in an hour. Balance and movement are dangerously impaired and all faculties are affected. Equivalent of one-half a pint of whisky in bloodstream. .20 Seven to ten drinks in an hour. Motor and emotional controls are measurably affected. Slurred speech, staggering, loss of balance and double vision are present. .30 Ten to fourteen drinks in an hour. Lack of understanding of what is seen or heard. Confusion, stupor, loss of consciousness. .40 Ten to fifteen drinks in an hour. Unconsciousness –threshold of coma. Lethal dose for 50 percent of the population .50 Fourteen to twenty drinks in an hour. Deep coma. Lethal dose for 75 percent of the population For the chart above, a drink is considered to be one and one quarter ounce of liquor (a shot), four ounces of wine, or one 12-oz. beer. People who have built a high tolerance will not necessarily experience the symptoms noted but will still reach a blood alcohol content that may be dangerous. However, a high tolerance is a sign of other problems related to alcohol use. * Please note that gender, body size and type, fatigue, recent illness, food content in stomach, altitude, age, and use of other drugs and/ or medications will alter the effects of alcohol in all of these quantities. Last Modified: April 14, 2004 © 2006 Bridgewater State College .All rights reserved.

Arizona DUI Law

dwi laws, DWI LAWS, D.W.I. Laws dwi laws, DWI LAWS, D.W.I. Laws: driving while intoxicated laws, laws aboutdwi The words dwi laws, DWI law, D.U.I, and "driving while intoxicated", are usedby DWI lawyers and DWI attorneys in United States DWI Law . The expression "DWI laws" is not found in the CriminalCode of Canada. Canadians use terminology other than "DWI laws" or "drivingwhile intoxicated laws". We use the words "impaired driving laws" or"impaired operation laws", or "impaired care or control laws" but not "drivingwhile intoxicated laws". In Canadian laws it is any impairment byalcohol or a drug of one's ability to operate a motor vehicle combined withoperation that is forbidden, not "driving while intoxicated". (DWI). The words "drive while intoxicated" in Canada implies that anindividual is drunk beyond the point of self-control. Provincial legislationauthorizes the arrest of intoxicated persons when there is an element of dangerto themselves. Intoxication may be a defence to serious criminal offences wherethe drunkenness directly interferes with the individual's capacity to intend todo something. When it comes to DWI law in Canada we don't use the words"drive while intoxicated" or D.W.I, DWI. Instead we focus on whetheror not the person's ability to operate the motor vehicle is "impaired"by alcohol. The prohibited level of impairment may be slight. In R. v. Stellato , 78C.C.C. (3d) 380 , the issue waswhether or not Canada's DWI offence required that the driver's conductdemonstrated a marked departure from that of a normal person. Chief JusticeLamer of the SupremeCourt of Canada agreed with the views of Mr. Justice Labrosse for the OntarioCourt of Appeal : "At trial, the Crown's evidence consisted of the testimony of thearresting officer and the breathalyzer technician who had observed the classicsigns of impairment: erratic driving, strong odour of alcoholic beverage, glassyand bloodshot eyes, slurred speech and unsteadiness on his feet. Both policeofficers had concluded that the appellant's ability to operate his vehicle wasimpaired by alcohol." "In his reasons, the trial judge stated: The question then remains as to whether those observations are sufficient or indeed whether in law what the court requires, in order to convict someone of this offence, [is] a marked departure from the standard. In that regard I have always had reference to the case of R. v. Winlaw, that is a decision of the Ontario District Court, as it then was, and His Honour Judge Salhany, a case reported at 13 M.V.R. (2d) 112, 6 W.C.B. (2d) 251, a judgment rendered some two years ago, December, 1988. There, the learned judge went through the law, as was presented to him, with respect to the law of impaired driving and I take that case to stand for the proposition that the section involved here, namely, s. 253(a), creates an offence of being impaired, not markedly impaired, but simply impaired, and it does not require evidence of a marked departure from a norm or standard of sobriety; any kind of impairment, even slight, was sufficient to constitute the offence." "The expression ''marked departure from what is usually consideredas the normal'' originated in the decision of the Alberta District Court in R.v. McKenzie (1955), 111 C.C.C. 317, 20 C.R. 412, 14 W.W.R. (N.S.) 500. This wasan appeal from a conviction on a charge of driving while ability was impaired.At p. 319, Sissons C.J.D.C. stated: There appears to be no single test or observation of impairment of control of faculties, standing alone, which is sufficiently conclusive. There should be consideration of a combination of several tests and observations such as general conduct, smell of the breath, character of the speech, manner of walking, turning sharply, sitting down and rising, picking up objects, reaction of the pupils of the eyes, character of the breathing. If a combination of several tests and observations shows a marked departure from what is usually considered as the normal, it seems a reasonable conclusion that the driver is intoxicated with consequent impairment of control of faculties and therefore that his ability to drive is impaired. I do not think such a finding should be made on a slight variation from the normal." ... "In R. v. Campbell (1991), 26 M.V.R. (2d) 319, 87 Nfld.& P.E.I.R. 269, 12 W.C.B. (2d) 155, the Prince Edward Island Court of Appealalso considered the test for impairment. Without specific reference to McKenzie,Mitchell J.A., speaking for the court, rejected the requirement for a markeddeparture from normal behaviour. At p. 320, he wrote: The Criminal Code does not prescribe any special test for determining impairment. It is an issue of fact which the trial Judge must decide on the evidence. The standard of proof is neither more nor less than that required for any other element of a criminal offence. Before he can convict, a trial Judge must receive sufficient evidence to satisfy himself beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol. It is not an offence to drive a motor vehicle after having consumed some alcohol as long as it has not impaired the ability to drive. However, a person who drives while his or her ability to do so is impaired by alcohol is guilty of an offence regardless of whether his ability to drive is greatly or only slightly impaired. Courts must therefore take care when determining the issue not to apply tests which assume or imply a tolerance that does not exist in law. Trial judges constantly have to keep in mind that it is an offence to operate a motor vehicle while the ability to do so is impaired by alcohol. If there is sufficient evidence before the Court to prove that the accused's ability to drive was even slightly impaired by alcohol, the Judge must find him guilty." ... "I agree with Mitchell J.A. in Campbell that theCriminal Code does not prescribe any special test for determining impairment. Inthe words of Mitchell J.A., impairment is an issue of fact which the trial judgemust decide on the evidence and the standard of proof is neither more nor lessthan that required for any other element of a criminal offence: courts shouldnot apply tests which imply a tolerance that does not exist in law. In all criminal cases the trial judge must be satisfied as tothe accused's guilt beyond a reasonable doubt before a conviction can beregistered. Accordingly, before convicting an accused of impaired driving, thetrial judge must be satisfied that the accused's ability to operate a motorvehicle was impaired by alcohol or a drug. If the evidence of impairment is sofrail as to leave the trial judge with a reasonable doubt as to impairment, theaccused must be acquitted. If the evidence of impairment establishes any degreeof impairment ranging from slight to great, the offence has been made out. In the present case, the trial judge applied the correct testfor impairment. There was sufficient evidence adduced at trial from which hecould find that the Crown had proved, beyond a reasonable doubt, that theappellant's ability to operate a motor vehicle was impaired by alcohol at thematerial time." It is also a "DWI laws"criminal offence in Canada to drive having more than 80 milligrams of alcoholper 100 mls of blood whether one's ability to drive is"influenced" (DWI) or not . Canada has two main substantive DWI law criminal offences: impaired operation or careor control , over 80 operation or careor control Section 253. Every one commits an offence who operates a motorvehicle or vessel or operates or assists in the operation of an aircraft orof railway equipment or has the careor control of a motor vehicle, vessel, aircraft or railway equipment,whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in theperson's blood exceeds eighty milligrams of alcohol in one hundred millilitresof blood. Impaired operation or care or control in Canada includes operation or care orcontrol of a motor vehicle, vessel, or aircraft while one's ability to operateis impaired by alcohol or a drug to any degree of impairment. This DWI offence isproven by evidence of bad driving and various indicia of impairment observedsuch as slurred speech, difficulty with standing walking turning, red glassyglossy bloodshot eyes, dilated pupils, odor odour of an alcoholic beverage,complexion flushed face, and performance on physical tests. The DWI offence of excess blood alcohol or over 80 is usually proven by breathtests that determine blood alcohol concentration using and approved instrumentsuch as a Breathalyzer 900 900A or Intoxilyzer 5000C. Blood tests are used in DWIcases where breath testsare not practical to provide evidence of blood alcohol concentration. Both Canadian DWI laws are federal criminal law offences. The Crown inCanada can prosecute a DWI in either of two ways. DWI offences are hybridoffences in Canada. The Crown may prosecute a DWI offence by indictment (roughlysimilar to a US felony DWI) or they may prosecute a DWI offence by summaryconviction (roughly similar to a US misdemeanor). The local Crown Attorney mustelect whether to proceed with the D.U.I. by indictment or by summary conviction.Until he or she elects, the DWI offence is deemed to be prosecuted byindictment. Most Canadian DWI offences are prosecuted by summary conviction. The usual penalty for a first DWI offence in Canada is a fine. The minimumsecond DWI offence penalty is 14 days in jail. The minimum penalty for a third DWIis 90 days in jail. There is always a DWI driving prohibition and the local province will suspend a DWI offender's driver's licence . If a US citizen or other non-Canadian citizen is convicted of a DWI offencein the USA or a dwi offence in any country other than Canada, the DWI offenderwill be inadmissibleto Canada on grounds of criminality, unless rehabilitated , because the DWI offence is deemed to be a CanadianDWI offence and all Canadian DWI offences aredeemed indictable (similar to a US felony - see above) unless the Crown haselected to proceed with the DWI offence by summary conviction (which will neverhave happened because the DWI offense occurred outside Canada. The situationwill be different if the DWI offence occurs in Canada and the Crown elects toproceed by summary conviction which they normally do. Click the banner for more Canadian DWI laws information. DWI LAWS, D.U.I. Laws, or driving under the influencelaws is, however,an important concept used in the United States. For more detailed DWI legalinformation click on one of the links below: Alabama DWI LAWS D.W.I. 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Breathalyzers and Open Source

-- [IP] more on Breathalyzers and Open Source interesting-people message [ Date Prev ] | [ Thread Prev ] | [ Thread Next ] | [ Date Next ]--[ Date Index ] | [ Thread Index ] | [ Elist Home ] Subject : [IP] more on Breathalyzers and Open Source From : David Farber <dave@farber.net> To : Ip Ip <ip@v2.listbox.com> Date : Fri, 28 Oct 2005 17:49:57 -0400 Begin forwarded message: From: Ed Biebel <edward@biebel.net>Date: October 28, 2005 10:22:45 AM EDTTo: dave@farber.netSubject: RE: [IP] more on Breathalyzers and Open Source In addition, I believe that in both Pennsylvania and New Jersey agreeing to submit to a breathalyzer or blood test is a condition of having a driver's license. Refusing to take the test can result in an immediate suspension of your driver's license (6 months to a year I believe). A friend of mine that is attorney recommended not refusing the tests (especially for a first offense) because he said that at trial a good attorney would have leeway to present mitigating issues, challenge the accuracy of the tests, plea to a lesser charge for a lighter sentence, etc. However the refusal of the test was cut and dry and essentially resulted in a mandatory punishment. While IANAL and I'm not advocating people drink and drive (or avoid punishment if they do), I thought this was an interesting legal perspective worth mentioning. -Ed -----Original Message-----From: David Farber [ mailto:dave@farber.net ]Sent: Tuesday, October 25, 2005 5:14 PMTo: Ip IpSubject: [IP] more on Breathalyzers and Open Source Begin forwarded message: From: Bradley Roberts <br2@u.washington.edu>Date: October 25, 2005 4:04:40 PM EDTTo: David Farber <dave@farber.net>Cc: "Andrew D. Swart" <andrew@swart.com>Subject: Re: [IP] more on Breathalyzers and Open Source A friend got pulled over in front of me for some minor infraction(into a bike lane too early for a right turn, if I remembercorrectly). I knew he had come from a bar and had probably had atleast one drink. They started in on the normal dui tests (speech,eye, coordination, etc) in front of me. I had enough time beforethis to tell him not to submit to a breathalyzer as they'reinaccurate - he said that he was probably above the limit, so I toldhim that he could expect that they'd figure this out and he'd betaken to the police station for a blood test if he refused abreathalyzer. By refusing to submit to the breathalyzer, under CA law (or at leastin San Luis Obispo), the officers have the option to place the personunder arrest and take them in for more thorough evaluation. They didthis - unfortunately for my friend, he didn't take well to beinghandcuffed and started to argue/resist. Probably would have beentreated better had he not. Ultimately his blood was tested and wasfound above the legal limit. He made a bad choice and is stillpaying the consequences but no one was hurt. However, it should be clear that if you refuse to take a breathalyzertest, you MAY be arrested. Whether or not you've ever had a drop ofalcohol in your life. Refusing the test is within your rights, butan officers suspicion will quickly place you in shackles and you'llbe subjected to the more reliable (and repeatable) tests. Begin forwarded message: From: "Andrew D. Swart" <andrew@swart.com>Date: October 24, 2005 4:30:21 PM EDTTo: dave@farber.net, 'Ip Ip' <ip@v2.listbox.com>Subject: RE: [IP] more on Breathalyzers and Open SourceReply-To: andrew@swart.com ...I mention all these factors because they are common in manymeasurement instruments......No amount of viewing the code will tell you that. A local attorney (Santa Barbara) regularly takes out full page ads inlocal papers seeking DUI clients, but also advising people of theirrights during a suspected DUI stop. One of his biggest pieces ofadvice: refuse under all circumstances an invitation to take abreathalyzer test. He points out that the portable technology isflawedand the results can't be verified independently (only a singlesample).Instead, do no resist, if law enforcement insists, taking a blood orurine test. More reliable and samples remain for independenttesting atlater stage. Warning: refusing a breathalyzer test (but not the othertests) in California is reportedly within our rights; this may not bethe case in all other states. Andrew Swart -------------------------------------You are subscribed as br2@u.washington.eduTo manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting- people/ --Bradley Roberts (br2@u.washington.edu)Graduate Student, Department of Materials Science & EngineeringRoberts Hall 302 Box 352120University of WashingtonSeattle, WA 98195206-616-7485 lab206-543-3100 fax -------------------------------------You are subscribed as edward@biebel.netTo manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting- people/ -------------------------------------You are subscribed as interesting-people@lists.elistx.comTo manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ [ Date Prev ] | [ Thread Prev ] | [ Thread Next ] | [ Date Next ]--[ Date Index ] | [ Thread Index ] | [ Elist Home ] Search: this month this year this elist Match: all any boolean Sort by: score date reverse score reverse date Words: | Help Powered by eList eXpress LLC

breathalyzers accurate? Iowa television

Realbeer.com: Beer News: Are coin-op breathalyzers accurate? HOME | BEER.EDU | COMMUNITY | FUN | NEWS | RETAIL | BREWERIES & PUBS | LINKS | EVENTS Jan 26, 2006 Beer Battle Dofgish Head 90 Minute defends its Battle of the Beers title. The results . -- News - Breweries - Culture/Health - Trends - Politics/Legal - By the Numbers - Just for Fun Are coin-op breathalyzers accurate? Iowa television stations find machines in bars deliver mixed results Nov 23, 2004 - Checks conducted by Iowa television stations call to question the accuracy of coin-operated machines used in bars to measure blood alcohol - or at least their accuracy compared to official breathalyzers. ADVERTISEMENT KWWL, Channel 7, enlisted the help of a news intern, and a local parole and his breathalyzer to see how the "Counselor Alcohol Breath Check" machines measured against equipment used by law officers. The intern downed his a pitcher of beer in 20 minutes, waited 10 minutes and took two tests. The "Counselor Alcohol Breath Check" showed a blood alcohol level of .02%. Officer Sam Black's breathalyzer indicated the level was .05%. After another pitcher of beer, the intern indicated he felt like he was over the legal limit for driving of .08%. The "Counselor Alcohol Breath Check" read only .06%, but the official breathalyzer showed .16%. The bar manager said she was surprised the machine's readings were so different from the breathalyzer. The person distributing the machines to the eastern Iowa bars said the machines need to be calibrated every other week, and this one was due for a checkup in one week. KCRG-TV9 in Iowa City also visisted local bars. Matt Schilling, drinking with his friends at R.T. Grunts in Iowa City, told a reporter he had several drinks over a few hours. He was surprised when he blew only .07. "I didn't think that was really that accurate," he said. He took one more drink of beer, took the test again, and registered .11%. "I don't really know," he said. "Maybe it's not that accurate I guess. I don't really know that I'd trust it that much." Search Find whatever in the beer world you are looking for. Enter a search word or phrase, then click GO. ADVERTISEMENT Beer.edu • Community • Fun • News • Breweries & Pubs • Search • Contact Us • Privacy Policy • Subscribe 1994-2006 Real Beer Media, Inc.