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Tag Archives: breath test

Polk County Sheriff’s Office detention deputy arrested on DUI charge

WKMG-TV-Orlando, FL, Daniel Dahm,  Digital Content Manager. Published: March 22, 2021, 12:42 pm A Polk County Sheriff’s Office detention deputy was arrested Saturday on a charge of DUI. Michaela Butler, 25, was arrested in unincorporated Arcadia by the DeSoto County Sheriff’s Office after she registered a blood alcohol level of 0.09, above the legal limit of 0.08. Read Full Article Consistent with many interactions citizens have with police during a roadside DUI stop, it’s pretty clear that officers have human frailties ... Read More »

Some DUI Cases Dismissed Due To COVID-19

A TV news investigation by CBS4 in Denver, Colorado has revealed that some DUI criminal cases as well as some potential drivers license suspension hearings have been dismissed because police have refused to provide suspects with a breath test. Some officers are reluctant to administer breath tests because of their concern for their own safety. Unlike some other states (such as Tennessee), Colorado law allows a DUI suspect to be given the choice of a breath test or blood test ... Read More »

Court orders over 27,000 notices to drunk driving defendants, possible reversal of convictions

by: Amy Phillips Posted: Feb 2, 2021 CHICOPEE, Mass. (WWLP)–A Massachusetts court has ordered that defendants in drunk driving convictions be notified that they can return to court and request that their conviction be overturned in the appropriate circumstances. Twenty-seven thousand notices will be sent to individuals across the state who were prosecuted with a breath test result. In January 2019, after learning of the intentional misconduct of the Office of Alcohol Testing (OAT), the Court held that a class ... Read More »

Covid and a DUI Lawyer

In March I, with the other members of the public, began hearing of a possible virus coming around. Covid 19 or Corona virus, both meaning the virus that presumably “escaped” from Wuhan, China was invading our country. Flights started getting banned, people started getting quarantined, and then suddenly, every-day items like bathroom tissue, paper towels and bottled water flew off the store shelves and became scarce.  Bars and restaurants were ordered by the government to shut down. Well, the obvious ... Read More »

Saliva Testing Drivers For Marijuana/THC

Regular readers of this blog know that I try to keep them informed about new methods of detecting marijuana (THC) in the body of drivers.  For instance, you may wish to review my 2019 post here and my 2015 post here.  In addition to breath tests, a saliva test has now been studied.  If perfected, this method will likely be used by law-enforcement officers as part of their investigatory procedures to determine if someone is driving under the influence of ... Read More »

A New Breath Test Prototype For Detecting THC

According to an article published in Prosperous, a team from the University of Pittsburgh, including Dr. Ervin Sejdic, has created a breath testing device that can trace levels of tetrahydrocannabinol (THC) in a person’s breath. THC is the chemical responsible for most of marijuana’s psychological effects. These researchers developed it through the use of carbon nanotubes, which are miniscule tubes of carbon 100,000x tinier than a human hair. According to this news article, the cannabinoid THC as well as other ... Read More »

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »

TENTATIVE AGREEMENT REGARDING BREATH TEST ADMISSIBILITY IN MASSACHUSETTS

Massachusetts defense attorneys and prosecutors have reached a tentative agreement, pending approval and modification by the court, regarding sanctions imposed against the government for refusing to disclose court-ordered evidence during state-wide litigation challenging the reliability of the Dräger 9510 breath test machines. Under a previous court order, breath tests results were presumptively excluded from evidence at trial if the machine had last been calibrated between June 1, 2011 and September 14, 2014. As a result of government misconduct, however, where ... Read More »

Thousands Of Breath Tests Are Ruled Inadmissible

According to an August 16, 2018 Salem News article, prosecutors across Massachusetts have agreed to stop using the results of the breath test from 2011 through 2017 over concerns of calibration issues. What is more disturbing is that officials attempted to hide these issues from both defense lawyers and prosecutors. Apparently a laboratory employee had not calibrated the devices, Draeger models 9510, to the proper range for margin of error. This ultimately resulted in the dismissal of more then 34,000 ... Read More »

MASSACHUSETTS PROSECUTORS AND DEFENSE BAR CONTINUE BREATH TEST NEGOTIATIONS

District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine. We expect that all ... Read More »