Friday , March 24 2017
Home / Tag Archives: Blood Alcohol Content – BAC

Tag Archives: Blood Alcohol Content – BAC

GROUNDWORK SET FOR ADDITIONAL CHALLENGES TO DRAEGER ALCOTEST 9510 BREATH TEST MACHINES IN MASSACHUSETTS

The recent decision by Massachusetts district court judge Robert Brennan regarding Draeger Alcotest 9510 breath test machines in Massachusetts laid the groundwork for more wide-ranging challenges to the devices. Brennan’s decision is a win for defendants whose breath test results are from 9510 devices that were last calibrated before the state police Office of Alcohol Testing (“OAT”) established written protocols regarding annual calibration on September 14, 2014. In his decision, Judge Brennan noted that “in the absence of written protocols, ... Read More »

Will .05% Become the New National Legal Limit?

On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%.[1] Utah’s governor must still approve the bill, but if signed into law, the lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve.[2]   Gov. Gary Herbert’s office told FOX 13 TV station on Wednesday night he plans to sign the bill into law, making Utah’s DUI threshold the lowest in the ... Read More »

DECISION ON SCIENTIFIC RELIABILITY OF DRAGER 9510 IN MASSACHUSETTS

After hearing testimony over ten days, Judge Brennan of the Massachusetts district court department issued his decision regarding the defense bar’s challenge to the scientific reliability of the Draeger Alcotest 9510 breathalyzer, first deployed in Massachusetts in June 2012. The defense bar’s motion to exclude breath test results from the 9510 machines as evidence against defendants was allowed in part and denied in part. The court determined that the scope of its inquiry should include: 1) whether the source code ... Read More »

CLOSING ARGUMENTS AT MASSACHUSETTS HEARING CHALLENGING RELIABILITY OF DRAEGER ALCOTEST 9510 BREATH TEST MACHINES

The hearing regarding the scientific reliability of the Draeger Alcotest 9510 breath test machines concluded with closing arguments on Friday, February 3. The defense bar argued that because the relevant statute states that simply driving with a .08 blood alcohol concentration, as measured by the 9510 machine, is enough for a conviction, regardless of the tolerance an individual driver may have or any effect on their driving, the reliability of the machines should be subject to the highest scrutiny. The ... Read More »

MORE PROBLEMS WITH DRAEGER ALCOTEST 9510 BREATH TEST MACHINES IN MASSACHUSETTS

On Friday, February 3, the final day of hearings regarding the scientific reliability of the Draeger Alcotest 9510 breath test machines, a representative from Draeger testified that a previously unknown error appears to have been caused because the machines were programmed to use an incorrect value during performance checks and calibration. The 9510 machines use two sensors to measure blood alcohol: An infrared sensor, as required by statute, and an electro-chemical fuel cell. During calibration, the measurements of the two ... Read More »

What is Fair Punishment on a DWI?

What are judges and prosecutors concerned with on a DWI? One of their main concerns is recidivism. Contrary to popular belief, the average recidivism rate for a first time DWI is approximately 21%[i]. Most people who get arrested for a first time DWI simply made a mistake. They will never be back in the system. In fact, most are going to punish themselves far greater than what a court or prosecutor could do to them. Will their alcohol BAC (breath or ... Read More »

What Actually Happens In Your Body When You Get “Drunk”?

Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

UPDATE ON DRAEGER LITIGATION

The Massachusetts Supreme Judicial Court recently modified the scheduling order set by the District Court Department regarding the defense bar’s challenge to the scientific reliability of the Draeger Alcotest 9510 breath test machines. Justice Botsford, citing the complex nature of the matter, extended the litigation into next year. The modified schedule allows the defense bar more time to examine the machines and for all parties to produce and review expert opinions. Pursuant to the modified schedule, the defense bar must ... Read More »

Tennessee Repeals New Underage DWI Law

July 1, 2016 was a highly anticipated day for many in Tennessee: for the very first time, wine was available for purchase in grocery stores. Gliding in under the radar, perhaps because of all the hype surrounding the grocery store wine revolution, were many other changes to Tennessee’s alcohol-related criminal laws. One such legislative update changed the way that Tennessee handled a small and categorically difficult class of individuals: underage DUI defendants. These are people ages 18 to 20, who ... Read More »