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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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BreathalyzersBreathalyzers California DUI Cases and Breath Testing Flaws California DUI Laws Felony DUI Probable Cause Presumption of BAC when Driving DUI Double Jeopardy CA DUI Penalties Home Detention Enhanced Penalties Finding A Good DUI Attorney License Suspensions California DMV Administrative Hearing Implied Consent The Officer's Warning Driving Symptoms Driving Studies Field Sobriety Tests Horizontal Gaze Nystagmus Validity of FSTs Breath-Alcohol Odor Blood-Alcohol Tests Breathalyzer Tests BAC Testing Machines Blood-Alcohol Levels Tolerance to Alcohol Miranda Advisements Insurance After a DUI DUI Search Help Home © 2002 All Rights Reserved There are many faults with the way a breath testing machine analyses the air that is introduced to it. These tests can be very unreliable and susceptible to attack by a lawyer who understands the weakness of a "Breathalyzer". One of the major defects in many methods of blood-alcohol analysis is the failure to identify ethanol (also referred to as ethyl alcohol) to the exclusion of all other chemical compounds. To use the terminology of scientists, such methods are not specific for ethanol: They will detect other compounds as well, identifying any of them as "ethanol." Thus a client with other compounds in his blood or breath may have a high "blood-alcohol" reading with little or no ethanol in his body. This problem of nonspecificity is most noticeable in the use of infrared breath analyzing instruments (the most popular type of breath testing machines used today). Yet they are particularly susceptible to giving false readings due to nonspecificity. The technical reason for this lack of specificity is that most breath machines are not designed to detect the molecule of ethyl alcohol (ethanol), but rather only a part of that molecule—the methyl group. In other words, it is the methyl group in the ethyl alcohol compound that is absorbing the infrared light, resulting in the eventual blood-alcohol reading. Thus the machine will "detect" any chemical compound and identify it as ethyl alcohol if it contains a methyl group compound within its molecular structure. The " Breathalyzer " assumes that the methyl group is a part of an ethyl alcohol compound. The simple fact is that there are numerous compounds that contain the methyl group. Isopropyl Alcohol Propane Butane Propylene Methane Ethane Ethyl chloride Acetic Acid Butadiene Dimethylether Dimethylamine Dimethylhydrazine Acetone and acetaldehyde, interestingly, can be found on the human breath. In fact, recent studies have found that over one hundred chemical compounds can be found on the breath at any given moment in time. More important, approximately 70 to 80 percent of these compounds contain methyl groups. And the infrared breath machine will detect each of these as "ethyl alcohol". Page 1 of 2 << Previous | Next >> California DUI : A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups seeking the passage of unfair laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. See also " Responsibility in DUI Laws, Inc. ", an organization dedicated to reforming harsh and misdirected DUI laws. Site Map | Legal Disclaimer
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Drunk Driving Defense related DUI Oklahoma OK - Drunk Driving Defense Arrest Guide sitemap RSSFeeds DUI-HELPMenu LawyerDirectory FreeConsultation Bookstore Mission Editorial SelfEvaluation FAQ/ Info Callan Attorney Science Surveys Search More... StatePages GoTo Menu Oklahoma Adair County Alfalfa County Atoka County Beaver County Beckham County Blaine County Bryan County Caddo County Canadian County Carter County Cherokee County Choctaw County Cimarron County Cleveland County Coal County Comanche County Cotton County Craig County Creek County Custer County Delaware County Dewey County Ellis County Garfield County Garvin County Grady County Grant County Greer County Harmon County Harper County Haskell County Hughes County Jackson County Jefferson County Johnston County Kay County Kingfisher County Kiowa County Latimer County Le Flore County Lincoln County Logan County Love County Major County Marshall County Mayes County McClain County McCurtain County McIntosh County Murray County Muskogee County Noble County Nowata County Okfuskee County Oklahoma County Okmulgee County Osage County Ottawa County Pawnee County Payne County Pittsburg County Pontotoc County Pottawatomie County Pushmataha County Roger Mills County Rogers County Seminole County Sequoyah County Stephens County Texas County Tillman County Tulsa County Wagoner County Washington County Washita County Woods County Woodward County Lawyers Elsewhere 500+DUI law firms Did You Know? You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. DUI Law Oklahoma Penaltiesfor DUI DWI in Oklahoma (Maximum) 1st = 6monthsjail, $1200 fine, License Suspended 6 Months, otherconditions 2nd = 5yearsprison, $2500 fine, License Suspended 1 Year, otherconditions 3rd = 7Years prison, $5000 fine, License Suspended 3 Years, otherconditions View theAttorneys Near Your Court Takethis Computerized Quiz Legal QuestionsAnswered Stateof Oklahoma Map Info SelfEvaluation QUIZ Find AnAttorney HERE !! DUI BLOG - DWI BLOG - OWI BLOG - OUIL BLOG What was yourblood alcohol level? Important Note: There is no blood alcohol calculator that is 100% accurate because ofthe number of factors that come into play regarding the consumption andreduction (burnoff) rates of different people. Factors include the sex(male/female)of the drinker, differing metabolism rates, various health issues andthe combination of medications that might be taken, drinking frequency,amount of food in the stomach and small intestine and when it waseaten, elapsed time, and others. The best that can be done is a roughestimation of the BAC level based on known inputs. See More ... Whatdoes it mean to beabove the legal limit fordrinking? The“legal limit for drinking” is the alcohol levelabove which an individual is subject to legal penalties (e.g., loss ofa driver's license). Typically, this alcohol level is measured in bloodor breath, using either a blood alcohol test or a breathalyzer,respectively. Legal limits are defined by a government entity (e.g.,state legislature or regulatory agency), and are specific to thesituation that a person is in (e.g., driving a car) as well as thecharacteristics of the person themselves (e.g., their age). Forexample, in most states, the current legal limit for operating a motorvehicle is 0.08%, or 80 mg/dL among drivers who are age 21 years orolder. However, there is zero tolerance for drivers who are underage 21 years, meaning that they are not allowed to operate a motorvehicle with any alcohol in their system. In contrast, thelegal limit is 0.04% or 40 mg/dL for commercial truck drivers.Different legal limits also apply to airline pilots, bus drivers, andto persons operating recreational watercraft. However, it is importantto recognize that the legal limit does not define a level belowwhich it is safe to operate a vehicle or engage in some otheractivity rather, the legal limit is intended to define a level at orabove which an individual is subject to legal action under a specificset of circumstances. Therefore, decisions about the appropriate levelof alcohol consumption in a particular situation should begin with acareful assessment of whether it’s appropriate to be drinking atall. See More ... FAARegulations forPilots Under14 CFR 61.15, all pilots arerequired to submit a notification letter to AMC-700, within 60 calendardays ofthe effective date of an alcohol-related conviction or administrativeaction.For purposes of 14 CFR 61.15(c), alcohol-related convictions oradministrativeactions are referred to as motor vehicle actions (MVA). An administrative action consistsof a suspension, cancellation, or revocation of a driver license.Examples ofadministrative actions include a suspension, cancellation, orrevocation of adriver license for driving with an excessive blood alcohol level orrefusal tosubmit to a chemical or blood test. Airmen should be aware that thenature andduration of administrative actions varies among the states. Forinstance, somestates, such as North Carolina, provide for a 10-day civil revocationforrefusing to test. Other states may impose a lengthy suspension (e.g. 90- 180days) for a similar violation. See More ... What is the Mission of the ImpairedDriving Division? Themission of the Impaired Driving Division is to develop partnershipsto cooperatively save lives, prevent injuries, and reducetraffic-related health care and economic costs resulting from impaireddriving (alcohol and other drugs). See More ... ==================================================================== Before someonequestions any attorney listed at any site, understand ... If one does a couple of things at this site, they'll bewell informed. UnderlinedText is a DUI-Help.com Link for more information . 1. Takethe SelfEvaluation DUI DWI Defense Quiz ; 2. Submitto the ConfidentialFree Consultation Questionnaire ,and; 3.Interview with at least three DUI DWI Defense DirectoryLawyers before you miss deadlines. 4. Email them all you want! Listen: Even the nicestpeople can find themselves in a DUI situation. The serious consequencesdo not discriminate among any type of individual background. This is atime when you need to have forthright guidance and receive aggressiverepresentation. We are most aware of this and provide as much help andsupport as soon as possible after arrest. Our site is very easy to use. Besides all theinformation ( left frame )available for you to peruse, you may also contact the DUI DWI defenseexperts immediately here. Unlike other lawyer directories, allthe information you would need is included in this site. Simply post an email oruse the CallBack system tophone one of our DWI experts in your state or province .Please take a moment to review the information in addition toresearching a DUI expert attorney. Even with an attorney it is stillvitally important that you familiarize yourself with the issues in yourcase before you shop for an attorney. =================== Everyone is entitled to thepresumption of innocence. Without this guarantee, our system is a totalmockery of justice. You are entitled to compassionate and truthfulguidance through the obstacles you face and the possibilities ofovercoming them. You need an attorney who will fight for your rightsand provide you with the emotional support you need. You can count onthis type of legal representation should you choose to accept one of us. What should you get out of your attorney clientrelationship with one of the experts? Hopefully, you keep a legitimatedriver's license and stay out of jail - i.e. you'll not be convicted ofa drunk driving related charge. We give you the legal help you needright now. Take advantage of our no obligation consultations and emailquestionnaires. Use DUI-Help.com for free consultation(s) and review ofyour DUI / DWI / OUI / OWI arrest or lawsuit. Find OutMore - Many More Links in the Left Frame ~ NewAttorney Listings - Begin Here Alllawyers, attorneys andlaw firms listed are responsible for their advertising. 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Alexa Report DRUNKDRIVING DUI DWI ARRESTS IN ALLCOUNTIES AND CITIES OF OKLAHOMA Ada Altus Alva Anadarko Antlers Ardmore Atoka Bartlesville Bethany Bethel Acres Town Bixby Blackwell Blanchard Bristow Broken Arrow Broken Bow Catoosa Chandler Checotah Chickasha Choctaw Claremore Cleveland Clinton Collinsville Commerce Coweta Cushing Davis Davis Del Dewey Drumright Duncan Durant Edmond El Reno Elk Enid Eufaula Fairview Fort Gibson Town Frederick Glenpool Grove Guthrie Guymon Harrah Healdton Heavener Henryetta Hobart Holdenville Hominy Hugo Idabel Jenks Jones town Kingfisher Lawton Lindsay Lone Grove Madill Mangum Marlow McAlester McLoud Town Miami Midwest Moore Muldrow town Muskogee Mustang New Cordell Newcastle Nichols Hills Noble Norman Nowata Okemah Oklahoma Okmulgee Owasso Pauls Valley Pawhuska Perry Piedmont Pocola town Ponca Poteau Pryor Creek Purcell Roland town Sallisaw Sand Springs Sapulpa Sayre Seminole Shawnee Skiatook town Slaughterville town Spencer Stigler Stillwater Stilwell Stroud Sulphur Tahlequah Tecumseh The Village Tishomingo Tonkawa Tulsa Tuttle Vinita Wagoner Walters Warr Acres Watonga Weatherford Wewoka Wilburton Woodward Yukon at the National Safety Council Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest Get Your Own Breathalyzer! _ Just One Night toorder video We hope you never get arrested for drinkingand driving. Read on ... OurAmazonBookstore will let you find thebest defense for your case if you don't have an attorney, buy theirbooks! BOOKSTORE Translatethis Site! Chinese French German Italian Korean Japanese Portuguese Spanish and others just cut & paste www.DUI-Help.com DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card IsYour Mugshot on the Web ? 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DUI / DWI, Drinking 
