Monday , October 22 2018
Home / Tag Archives: Lawrence Taylor

Tag Archives: Lawrence Taylor

Are Women More Likely to be Convicted of DUI?

Arrest and conviction in a drunk driving case depends largely upon the breathalyzer or blood alcohol tests conducted on the suspect. If the test results are found to be .08% or higher, a conviction follows.  No distinction is made, of course, as to whether that suspect in the DUI case is a man or a woman. But what if it takes less alcohol for women to reach .08% blood alcohol than it does for men? Researchers at the University School of ... Read More »

“Slurred Speech”: Evidence of Intoxication?

As with the odor of alcohol on the breath, few DUI police reports will fail to include an observation by the arresting officer that the drunk driving suspect  exhibited “slurred speech”.  It is a standard criteria for detecting alcohol impairment.  The officer fully expects to hear slurred speech in a person he suspects is under the influence, particularly after smelling alcohol on the breath, and we tend to “hear” what we expect to hear. And hearing it supplies the officer ... Read More »

Breath Tests and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the blood, rather than in the breath, the ... Read More »

How to Force a DUI Defendant to Prove His Innocence

The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving. So how does the prosecution prove what the BAC was when the defendant was driving? ... Read More »

US Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

New Tennessee DUI Defense? Many persons charged in Tennessee with the crime of Drunk Driving (DUI/DWI) may have a new defense in their arsenal.  On April 17, 2013 the United States Supreme Court ruled that the natural metabolization of alcohol in the bloodstream does not present a per se [automatic] exigency that justifies an exception to the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, the court determined that exigency in this context must ... Read More »

Rising Blood Alcohol Levels in DUI Cases

It is illegal to have a blood-alcohol concentration (BAC) of .08% or greater while driving a vehicle. It is not illegal to have a BAC of .08% or greater while blowing into a breathalyzer after a DI arrest at a police station. In other words, just because a breath test shows a level of, say, .09%, it does not mean that the blood alcohol level when the suspect was driving an hour earlier was the same .09%. So what was the blood alcohol level ... Read More »

Are Asthmatics Criminally Punished for Inability to Provide a Breath Sample?

Almost all states now have increased penalties for refusing to submit to blood-alcohol testing, usually involving added jail time and/or longer license suspensions. A few states even make refusing a separate and distinct crime. A large percentage of those charged with “refusing” are innocent. One of the most common refusals is the failure to breathe hard enough to produce a breath sample. The various breath machines all require the suspect to breath through a narrow breath tube hard enough to ... Read More »

Are Field Sobriety Tests Designed to be Failed?

Roadside field sobriety tests (“FSTs”) are commonly used by police officers in DUI investigations to determine whether a driver is under the influence of alcohol. Typically, they consist of a battery of 3-5 exercises, such as walk-and turn, one-leg stand, “nystagmus” (“follow the pencil with your eyes”), finger-to-nose, alphabet recitation, “Rohmberg” (eyes-closed-position-of-attention), etc. The officer may subjectively decide whether the individual “failed”, or he may decide after applying recent federal “standardized” scoring. These DUI tests have an aura of scientific ... Read More »