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Tag Archives: Blood Alcohol Content – BAC

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

DWIs- Today’s Dangerous Politics

“In politics, stupidity is not a handicap.” -Napoleon Bonaparte Studying history helps to understand how governments utilize federal agencies, police departments, and courts to perpetuate illegal witch hunts for political causes. Let’s look at the 6 million Jews who were killed in Europe by the German government. People forget that it was not renegades who caused the Holocaust but the politicians and the courts. The parallels between the successful government campaigns of the Nazis in World War II and today’s DWI ... Read More »

Alcohol Inhalation On The Rise – Yes, Alcohol Inhalation

Though similar devices have been marketed in the past, a fad in alcohol consumption has reemerged in the form of the Vaportini.  The Vaportini is an alcohol inhalation device that enables users to heat their favorite liquors in a glass sphere.  This sphere fills with alcohol vapor; the user employs a straw to inhale the vapors through a small opening in the sphere.  A diagram of how it works can be found here. According to reports in the U.S. and ... Read More »

Drunk Driving Defense Requires Competent Experts

If your life has been suddenly disrupted by a Michigan drunk driving arrest, then be sure to hire a DUI lawyer specialist who also has access to the Nation’s top DUI experts. The reason this is so important is that a Michigan drunk driving arrest will nearly always involve scientific evidence such as a breath or blood test.  When death or serious injury is involved, additional expertise in traffic reconstruction is necessary. Retaining a lawyer who understands this evidence is ... Read More »

New Technology to End Drunk Driving?

In August 2013, National Highway Traffic Safety Administration Chief David Strickland wrote to the CEO’s of major automakers and urged them to continue supporting research and development of in-vehicle alcohol detection systems.  In 2008, research funded by automakers and the federal government began an effort to develop in-vehicle technologies that would prevent intoxicated drivers from starting and driving a car.  Although the Ignition Interlock Devices that are currently used accomplish this same goal, this new technology would differ significantly. Ignition ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

Is Serum Blood Testing a Reliable Method for Drunk Driving Cases?

If you were arrested in Michigan for drunk driving, and your blood was drawn by the police, then your blood was almost certainly tested at the state lab in Lansing.  As it relates to testing for DUI alcohol level only, this forensic lab almost exclusively uses a scientific method called gas chromatograpy to attempt to determine a true blood alcohol level.  A “whole blood” sample is used for this testing method.  If you case involves drugs, then a mass spectrograph ... Read More »

Breath Alcohol Doesn’t Exist!

An essential fundamental of experimental science is that if something can’t be measured, it does not exist. One noteworthy scientist, Mr. William H. George, phrased it this way: “[S]cience is measurement. If I cannot make measurements, I cannot study a problem scientifically.”[i] Understanding this primary tenant, a follow-up question might be; how precise must a measurement be in order to study something scientifically, and furthermore, if the thing being studied is not measured precisely, then does it exist at all?  ... Read More »

Tennessee Bureau of Investigation Re-Testing 2,800 Blood Alcohol Samples After Discovering a Mistaken Switch

The Knoxville News Sentinel (the local Knoxville newspaper) reported on a recent discovery that a TBI employee had mishandled and mistakenly switched the blood alcohol samples from two different people. This mishandling of evidence caused a man to be charged with DUI and vehicular homicide after he was involved in a fatal crash.  The incorrect sample showed that the man had a blood alcohol content (BAC) of .24%—when his actual BAC was .01%.  The mistake was only discovered after the ... Read More »