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Tag Archives: Blood Alcohol Content – BAC

.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 »