Effectiveness of Breath-Alcohol Odor

Tuesday, June 2nd, 2009

In every DUI case, the officer is always prepared to testify against the arrested suspect, especially for breath-alcohol. If the arrest report doesn’t include such odor, then the suspect would probably be booked for driving under drugs’ influence. In other words, alcohol on a suspect’s breath would always be the observation encountered in every DUI case.

It’s also the most damaging because the jury would inevitably conclude that “when there’s smoke, there’s fire.” This means that alcohol present on the breath would lead to alcohol present in the body.

Fortunately, your DUI lawyer can raise two effective defense attacks:

1. -Question the source of smell
2. -Question the intoxication conclusion

One important point to take note: basic alcohol does not have any odor (or only a little). The fact is: the officer only smells the “flavoring odor” of the drink (wine, gin, beer, and scotch). And this odor can be deceptive as to the drink’s strength and amount consumed. For example, beer and wine will leave the strongest alcohol odor yet they’re the least intoxicating ones. In fact, a single beer can smell stronger on the breath than several martinis.

Furthermore, the smell of alcohol can be detected from a person who consumed a “near beer” beverage. These are non-alcoholic beverages made from yeast, hops, malt, and grain. It tastes, smells, and looks like regular beer but it does not contain any alcohol at all.

Tags: alcohol, breath-alcohol, dui, DUI lawyer, lawyer, officer
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DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

Tags: Arizona, California, driver's license, driver's privilege, dui, DUI lawyer, international driver's license, lawyer, Washington
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Boston’s DUI Laws

Thursday, May 7th, 2009

In Boston, defending against DUI (Driving Under the Influence) is very tricky. You must hire Boston lawyers who understand medical and scientific concepts. Also, they must be experienced in questioning tough witnesses, including police officers and scientists.

The DUI punishment in Boston set by the state statute is also incredibly complex. Basically, there is a range of possible sentences but it has modifications for things like:

• *Refusal to cooperate in chemical testing
• *With a BAC (Blood Alcohol Content) over .20%
• *Having a child (less than 14 years old) in the car
• *Speeding over the limit (more than 20mph of the speeding limit)
• *With prior conviction within the last seven years

In addition, the actual sentence in a DUI case may be affected by the following:

• *Policies of prosecutors and local court
• *Weaknesses in the case exposed by defense lawyers
• *Facts of the case
• *Reputation of the lawyers

All of these are independent of DMV (Department of Motor Vehicle) suspension, which can be complicated and determined separately.

Unfortunately, general practice lawyers with little or no experience in DUI attempt to represent clients in this field. Always remember that only an experienced DUI lawyer who specializes in drunk driving cases and blood alcohol analysis could effectively handle these administrative and criminal proceedings.

Tags: BAC, Boston, Boston lawyers, DMV, dui, DUI lawyer, general practice lawyers
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Your DUI Case is not Hopeless

Tuesday, May 5th, 2009

A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.

Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.

Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.

Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.

Tags: breathalizers, dui, DUI lawyer, lawyer, Miranda rights
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Drunk Driving: A Serious Charge for Teens

Thursday, April 30th, 2009

According to statistics, nearly 70% of teenagers have already consumed alcohol - whether hard liquor, wine, or beer.  Even if it’s illegal to sell these beverages to minors, still, there are irresponsible people doing it.

In fact, many teens have been caught for DUI (driving under the influence).  Also, more than 3,000 teens die of drinking and driving every year.  Why does this happen?

Most of the time, teens succumb to peer pressure.  Since parents do not allow them to drink at home, they resort to drinking in parties and neighborhood hangout.  And because of inexperience with alcohol, they often consume more than they could handle.  Therefore, they’re intoxicated while driving home.

The 18-year-olds record the highest crash rate.  Apparently, they feel that they’re indestructible, especially if alcohol is in their blood.

Though alcohol limit is usually between .08 - .10, most states apply zero tolerance laws to teen drivers.  So if teenagers are caught with any blood alcohol level (BAC), he or she will immediately be arrested by the police and charged with DUI.

Take note that this is a serious offense.  So when this happens, consult a DUI lawyer right away.  Lawyers can give help and legal assistance.  They can be found online through numerous websites and lawyer listings.

Tags: BAC, dui, DUI lawyer, lawyer listings, lawyers, teenagers. alcohol
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Avoid these Common Mistakes in DUI Arrest

Monday, April 27th, 2009

A DUI (Driving Under Influence) arrest can leave you hanging by a thread. After a stressful police encounter and jail nightmare, it’s predictable that everyone in your life right now are giving you different opinions on what to do next. And if you want to end it all, you need to avoid these common mistakes:

• Failure to consult a DUI lawyer

Most people arrested for DUI get advice from family and friends, police, other people arrested for DUI, and lawyers who don’t specialize in DUI defense. Don’t make this mistake!

Since DMV (Department of Motor Vehicles) administrative laws and DUI laws are very complicated, it’s very important to consult with a lawyer who specializes in DUI defense. Only DUI lawyers can help you with accurate advice on the next step that you should take.

• Failure to request an administrative hearing from DMV

It is wrong to assume that it’s hopeless to fight for your case. There are many reasons why you should apply for DMV hearing including the following:

• 1. *Your defense lawyer could question the police officer who arrested you – this may help lift the  criminal case
  2. *It’s possible to win the case – DUI lawyers know how to challenge DUI license suspension or revocation with many reasons
  3. *You don’t want to give up your license - take note, you only have 10 days (from your arrest date) to apply for this hearing. Failure to do so will automatically suspend your driver’s license.

Tags: DMV, dui, dui laws, DUI lawyer, dui lawyers
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