Tuesday , June 27 2017
Home / Tag Archives: driving under the influence

Tag Archives: driving under the influence

MASSACHUSETTS LEGISLATURE PREPARING MARIJUANA BILL FOR GOVERNOR BAKER

One day after the Massachusetts House voted to raise the proposed tax on retail marijuana sales to 28 percent, the Senate overwhelmingly voted (30-5) to preserve the 12 percent maximum endorsed by voters in a ballot question last November. The proposed legislation is now headed to a conference committee with hopes that a final bill will be sent to the Governor by next Friday, June 30. The selling of marijuana for recreational purposes is currently illegal in Massachusetts but the ... Read More »

OPTIONS FOR VETERANS IN MASSACHUSETTS

Veterans in Massachusetts may avoid convictions for operating under the influence in some cases. The Supreme Judicial Court recently cited the “often difficult return to civilian life” for veterans and affirmed that a 2012 state law, known as the Valor Act, allows judges to divert some veterans to rehabilitation programs in lieu of having their case prosecuted at court and brought to trial. See Commonwealth v. Morgan, 476 Mass. 768 (2017). If the veteran successfully completes the rehabilitation program their ... Read More »

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

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] On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation.  The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve.[2] This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... 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 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 »