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Tag Archives: Blood Alcohol Content – BAC

Lowering the blood-alcohol content (BAC) cutoff to 0.05: Sheriff says “you can count me out on that one”

Milwaukee County Sherriff David Clarke has a reputation for cracking down on drunk drivers and pushing for tougher drunk driving laws. The new proposal that would decrease the legal limit from 0.08 to 0.05, however, isn’t exactly what he had in mind. In Milwaukee, the average drunk driver has a BAC over 0.15; almost twice the legal limit. These individuals, Clarke believes, are the ones law enforcement officers in Wisconsin should be concerned with, not the social drinker who can ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

New Boating Under the Influence Law in Washington

Effective July 28, 2013, a newly-revised Boating Under the Influence (BUI)  law came into effect in the State of Washington.  Penalties were raised to that of a gross misdemeanor instead of a simple misdemeanor.  There still is no mandatory minimum jail term or fine.  A refusal to provide a breath sample is not admissible at the trial, however a boater can be subjected to a $1000 civil fine for refusing a test.  This legislation also authorizes search warrants for blood ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »

.15 down to .05 BAC: Isn’t it Amazing How the Human Body Has Changed Since 1954?

A little cursory research of DUI laws related to blood alcohol “legal limits” in Georgia reveals that as early as 1954, the Georgia General Assembly outlawed blood alcohol concentrations at a certain level.  House Bill 128 was approved January 11, 1954 and provided that “If there was at that time 0.15 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.”  Fast forward to May ... Read More »

NTSB wants to lower DUI Limit to 0.05

Have 2 Drinks, Drive & Go to Jail  The NTSB has announced today (May 14, 2013) that they are seeking to lower the prohibited blood alcohol content for DUIs from 0.08 to 0.05 across the nation. Of course, they announced this on the anniversary of the worst drunk-driving accident in U.S. history. On May 14th, 1988 a drunk driver collided with a school bus full of children returning from a church-outing on Interstate 71 near Carrolton, Kentucky killing 24 children, ... Read More »

MAINE PROM & GRADUATION SEASON 2013

It is that time of year again.  It has taken forever, but it is spring!  Hopefully summer will be here before the Fourth of July.  And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies.  If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »

Attacking Breath Test To Disprove Both Impairment And Per Se Charges In California Drunk Driving Prosecutions

California Vehicle Code § 23610 specifies that in a prosecution for driving under the influence, it shall be presumed that the person was “under the influence” if their blood alcohol level was .08 percent or more at the time of driving. However, mandatory presumptions of this nature are unconstitutional in criminal cases, and thus jurors are instead instructed that they may infer the defendant was under the influence if they find he or she had a .08 percent or higher ... Read More »

An Introduction to DUI Field Sobriety Tests

 Many people believe that every field sobriety test helps an officer determine if someone is intoxicated. This is not true. Officers may administer and reference many different types of field sobriety tests, but the National Highway Traffic Safety Administration (NHTSA) has validated and standardized only three to assist them in making a DUI arrest decision. Collectively these tests are often referred to as NHTSA’s Standardized Field Sobriety Tests, referred to by law enforcement officers as SFSTs, or just FSTs. It ... Read More »