How BAC is Calculated

How BAC is Calculated. The use of breath analyzers in drivers dates back as far as the 1940’s. While not the most accurate of tests, it is considered by law enforcement to be the best available test for detecting whether or not drivers are over the limit for driving without impairment.

The breath detector is used based on it’s ability read the blood alcohol concentration (BAC) in a person’s system. The limits considered safe here in the great state of Alabama where “We Dare Defend Our Rights” is 0.08. But what does that mean, exactly? To understand it better, it helps to know how the breath analyzers work. How is it possible that a person can breathe into a machine and it detect how much they’ve had to drink?

While it is of utmost importance for public safety and individual safety that impaired drivers be taken off the road. It is also important to know how the limit is determined. It’s true that blood tests and urine tests are more accurate than a breath test, but those tests are impractical in roadside stops. The breath analyzer is by far more likely to be used.

When a person consumes alcohol, it gets absorbed by the mouth, throat, stomach, intestines, and bloodstream. Because alcohol is not digested upon absorption, nor is it chemically changed in the bloodstream, when the blood goes through the lungs, some of the alcohol moves across the membranes of the lung’s air sacs. These airsacs (alveoli) allow the alcohol evaporates to be exhaled.

The BAC is based on a ratio of breath alcohol to blood alcohol as 2100:1. So 2100 milliliters(ml) of alveolar air contains the same amount of alcohol as 1 ml of blood. The American Medical Association has determined that a person can become impaired when the blood alcohol level reaches 0.05. A reading of 0.08 indicates that there are 0.08 grams of alcohol per 100 ml of blood.

There’s quite a math formula that goes into determining how much alcohol a person can consume (based on their body size/weight/type.) To avoid making an error in judgment, make the decision not to drink and drive.

For more informative blogs by Alabama Outside Counsel click here.

May 12, 2012

DUI

DUI Case Hinging on Dual Identity Evidence

DUI Case Hinging on Dual Identity Evidence. Being charged with a DUI is a serious charge for a motorist. In a DUI case in Wyoming, prosecutors who thought they had plenty of evidence to send an accused driver to jail, will need to prove the identity of the accused before they can proceed with the case.

Teton County sheriff’s deputies arrested Bryan Dennis Lane, 32, on charges of driving under the influence of alcohol, destruction of property and interference with a peace officer.

Lane could be facing felony drunk driving charges if prosecutors can prove that he is the same man convicted of two DUI’s in Idaho. Prosecutors upgraded the DUI charge to a felony after finding records of three other DUI convictions since 2003. Wyoming law states that a DUI can be charged as a felony if it is a defendant’s fourth charge in ten years.

James Radda, Ninth District Circuit Court Judge, ruled there is enough evidence to send Lane’s case to district court. However, all those present agreed a trial would have to answer several questions.

The most important question is whether prosecutor Clark Allen can prove it. That the man convicted of two Idaho DUI’s was in fact Bryan Lane. The Idaho convictions are under a different name. Although, court documents show that the man also went by the name of Bryan Dennis Lane. The man has the same birth date, but a different Social Security number.

The Idaho convictions are also listed in a 2009 pre-sentence investigation for Lane’s third DUI in Teton County.

According to public defender Elisabeth Trefonas who is representing Lane, the record of convictions is totally inaccurate. She disputed the Idaho convictions were earned by her client. Trefonas also objected to the results of Lane’s breath test at the Teton County jail. Which were taken almost three hours after his arrest. She stated that Lane had something in his mouth just before the test.

Deputy Latimer Gyetvai, who arrested Lane, stated that the jail staff observes DUI suspects for 15 minutes before the test. Therefore, to make sure that they do not have anything in their mouths that could compromise the test.

If, by chance, the Idaho driver does turn out to be a different man, then Lane could not be charged with a felony DUI charge.

DUI is a serious charge. Lane’s situation is different than most, but in all DUI cases, with so much at stake, experienced legal counsel is essential.

For more informative blogs by Alabama Outside Counsel click here.

May 5, 2012

DUI

Driver charged with murder in DUI fatality

Driver charged with murder in DUI fatality. Jennifer Fram, 25, may face murder charges after a drunk driving accident that took the life of her passenger, 26-year-old local musician Nicholas Markow.

Fram was denied bail on Thursday.

The murder charge stems apparently from the fact that Fram was already on probation for a prior DUI conviction. According to the report from the Press-Register, murder, in this instance, refers to an “extreme indifference to the value of human life.”

Fram’s friends and relatives were stunned by the decision. Allison Ball, Fram’s childhood friend, told the Press-Register that “I think she’s in complete shock. … She will learn her lesson. I don’t think she should go to jail for murder.”

Assistant District Attorney Jo Beth Murphree asserted on the contrary that Fram’s actions were “not a mistake,” contending that Fram was “well aware of what the consequences could be.” In addition, Murphree noted that Fram admitted to having consumed alcohol that evening.

However, importantly, the results of a blood test had not yet been received.

Authorities say that Fram’s vehicle left the road, hit a traffic sign, and collided with a pole. Neither Fram nor Markow were wearing seatbelts; Markow was ejected from the vehicle. Fram wore a neck brace at the bail hearing on Thursday.

It is crucial to note that the results of Fram’s blood test are still pending. Also, Fram has not yet hired a lawyer; another hearing was scheduled for Monday to enable her to find representation. It is not clear therefore whether Fram will seek a plea agreement or a trial. However, while Markow’s death was unquestionably a horrible tragedy, and while Fram apparently admitted that she had been drinking on the night of the accident, a murder charge—regardless of how one defines the term—seems excessive.

May 4, 2012

DUI

Former Miss USA winner tried for DUI

Former Miss USA winner tried for DUI. Rimah Fakih, the 26-year-old former Miss USA, went to trial on Wednesday for DUI, striking a plea deal that reduced the charge to a misdemeanor—driving while visibly impaired. The trial took place in the 30th District Court in Highland Park, Michigan.

According to police, Fakih was speeding and driving erratically in traffic. Police also found an open container in her vehicle, a half-empty bottle of champagne.

Fakih believes that authorities have been unusually severe in dealing with her case owing to her status as a celebrity, telling RumorFix that a prison term would be unfair. Fakih may be sentenced to up to 93 days behind bars. Prior to the trial, Fakih expressed her hope that the judge would not “make an example” of her case.

It is important to note that Fakih has already suffered financial losses as a result of her arrest. The E! cable channel has terminated a deal to produce a reality television show featuring Fakih, who won the Miss USA pageant in 2010. Fakih also said that Nike has withdrawn an offer to produce a commercial.

The full report from RumorFix can be found here and here.

The case highlights some of the additional consequences of a DUI arrest, to wit, loss of reputation, as well as business opportunities. A DUI conviction can only exacerbate these problems. No matter how difficult your case may appear, one of our dedicated, experienced DUI attorneys can help you protect your interests.

For more informative blogs by Alabama Outside Counsel click here.

April 12, 2012

DUI

DUI case to be re-investigated

DUI case to be re-investigated. A month-old Conecuh County DUI case is being re-investigated because, despite the driver allegedly registering a blood/alcohol content over twice the legal limit, no criminal charges were filed. A warrant has been sought by law enforcement officers pursuing the case.

Timothy Alan Treece, 49, had crashed his SUV near his Conecuh County home on February 22. After his vehicle overturned on the highway, he flagged down a passing motorist to assist him in rolling it back onto its tires. He proceeded to drive to his home. Where the SUV caught fire as a result of damage sustained in the crash. Treece called 911.

Witnesses state that police had arrested Treece at the scene. But as Treece waited in a patrol car, his father-in-law arrived and phoned Conecuh-County Sherriff Edwin Booker. Treece was subsequently allowed to go free.

Typically, those suspected of DUI are taken to the county jail. Furthermore, to be processed into the system and to await bail.

The Press-Register report can be found here.

Such irregularities may damage the state’s case against Treece, should he be formally charged with DUI. While this may not represent a typical DUI case, it does highlight the ways in which procedural anomalies can, and do, occur. If you’ve been charged with DUI, you need an attorney who can protect your rights by exploring every aspect of your situation—including whether or not the state mishandled your case.

March 28, 2012

DUI

Man with 25 arrests for DUI sentenced to prison

Man with 25 arrests for DUI sentenced to prison. A 39-year-old man arrested “at least” 25 times for drunk driving has been sentenced to a seven-year prison term in Virginia, according to a report from the Associated Press. The DUI arrests took place in Alabama and Georgia as well as Virginia.

Tracy Michael Decker’s prison sentence will not be his first. Decker served a four-year prison term after being arrested for DUI in 2006. Police determined that his blood-alcohol level had reached .28. Additionally, police found an open container inside his vehicle, along with passengers: two four-year-old children. They were not riding in car seats.

Following Decker’s prison term, he was arrested repeatedly for DUI in Alabama—four times in eight months.

Man with 25 arrests for DUI sentenced to prison conclusion: After Decker’s release following this latest sentence, he will be barred from driving for 20 years.

DUI is a serious charge. The severity of the penalties increases sharply with repeat offenses. Decker’s situation may be somewhat unusual—25 DUI arrests is quite a high number—but jail time and loss of license do become mandatory after two or three convictions. With so much at stake, qualified legal counsel is essential.

For more informative blogs by Alabama Outside Counsel click here.

March 9, 2012

DUI

Personal Breathalyzers May Help Users Avoid Repeat DUI Offenses

Personal Breathalyzers May Help Users Avoid Repeat DUI Offenses. In the state of Alabama, a first DUI conviction carries a maximum possible sentence of up to a year in prison, fines of up to $2,100, and a 90-day driver’s license suspension. Jail time is not mandatory; however, the fines and suspension are. But even without jail time, these penalties can compromise an ordinary person’s ability to perform everyday activities, such as driving to work or paying one’s expenses on time.

The penalties increase with repeat DUI offenders. With a second conviction, the fines increase to a maximum of $5,100, loss of license for one year, and mandatory jail time or community service.

After a third conviction within five years, no less than 60 days’ jail time becomes mandatory, fines can reach $10,000, and the license revocation period extends to 3 years.

A fourth DUI conviction in a 5-year period is a Class C felony. The penalties include up to 10 years in prison, a $10,000 fine, and a 5-year revocation of your driver’s license.

You should never drive drunk. In today’s economy, even a $2,500 fine for a first DUI offense can be crippling. But if you are convicted of DUI, the need to avoid further DUI arrests is that much greater.

Along with common-sense measures like using a designated driver, a personal breathalyzer may be of help. A number of breathalyzers are available on the market for civilian use, sold at a variety of price points and boasting a variety of features. However, there are a few features your breathalyzer must have:

1. FDA certification. The Food and Drug Administration is the federal agency responsible for regulating medical devices, and breathalyzers technically fall into that category. FDA certification means that your breathalyzer is “safe and effective” in operation. After all, avoid breathalyzers that don’t have it.

2. Furthermore, extra mouthpieces. A good breathalyzer will have a mouthpiece that can be removed and washed, and extra mouthpieces will be included. Avoid breathalyzers with a fold-out mouthpiece, and breathalyzers that you simply blow on; these tend not to be as accurate. Always use a clean mouthpiece.

3. Clear instructions. Breathalyzers can’t produce accurate results if they are not used properly. Although, instructions should be simple and easy to understand.

4. Accuracy. Inaccurate breathalyzers can mislead users into believing their blood alcohol level is higher or lower than it really is. Try to find a breathalyzer with an accuracy range of +/- .02. More accurate models exist—the best seems to be +/- .005—but such a high degree of accuracy comes with a higher price tag, and may be more than you need.

For more information, read the drinkinganddriving.org report here.

With each DUI conviction, avoiding another becomes increasingly crucial. However, speak with your DUI attorney for more information.

For more informative blogs by Alabama Outside Counsel click here.

February 9, 2012

DUI

Police Chief Sentenced In DUI Case

Police Chief Sentenced In DUI Case. On Tuesday, Lauderdale Circuit Court Judge Gil Self sentenced Tuscumbia Police Chief Tony Logan to two years’ supervision by a court referral officer, 90 days’ suspension of his driver’s license, and a $761 fine for a 2009 DUI arrest. Logan will also serve on the county’s victim’s’ impact panel. In addition, Logan was sentenced to a year in prison. However, the judge reduced his prison term to the two days he has already spent in jail.

Logan’s defense attorneys will appeal Logan’s DUI conviction.

Logan was arrested on December 5, 2009. After he struck his mailbox and police cruiser with his personal vehicle outside his Florence home. He was suspended from his position as police chief until March 2010.

Earlier in Logan’s trial, his defense team argued that he had been treated unfairly by prosecutors due to his career in law enforcement. However, the judge made it clear that Logan’s would be the same sentence he often gives for first-time DUI offenders.

While the case is pending appeal, Logan will be able to keep his driver’s license, and the fine and supervision will be postponed until the conclusion of the appeals process.

Prosecutors expressed satisfaction with the sentence. Brandon Hughes, who serves as traffic enforcement prosecutor in the Alabama Office of Prosecution Services, agreed that Logan should not be subjected to unusually harsh penalties because of his job.

February 6, 2012

DUI

DUI Charge In School Bus Collision

DUI Charge In School Bus Collision. The Birmingham News reports that William Churchill McCarty, 50, has been charged by Hoover police with driving under the influence in the wake of a collision with a school bus last Tuesday.

Several witnesses noticed McCarty driving erratically in his pickup truck. McCarty’s truck swerved into the oncoming lane and hit the front corner of the school bus.

McCarty was taken immediately into custody. Police revealed that he had been charged with DUI later that day.

The accident occurred at approximately 8 a. m. The bus was on its way to Simmons Middle School. The bus driver and one student were taken to UAB Hospital and Children’s Hospital, but it seems that neither sustained serious injuries.

DUI Charge In School Bus Collision Conclusion: Depending on the nature of the injuries sustained by the bus driver and student, and the extent of the damage to the bus itself, McCarty could face additional penalties beyond a basic DUI charge. Therefore, including higher fines and more jail time. In such cases, the services of an aggressive attorney are urgently needed to protect the legal rights of the accused.

For more informative blogs by Alabama Outside Counsel click here.

January 24, 2012

DUI

New DUI Penalties

Cracking down on DUI above .15

I thought it would be a good idea to talk about some of the new DUI penalties drivers face. For instance, he new DUI law takes the penalties under the old law. Therefore, doubles them for individuals who have a blood alcohol concentration (BAC) over .15. This means higher fines and possibly longer incarceration if the court finds that to be a necessary penalty.

DUI fines

Moreover, for a person who is convicted of their first DUI, their minimum fine would be $600.00. Under the new law, the minimum fine would be $1,200.00 for a person with a BAC .15 or over. For a person convicted of a second DUI within five years, they would normally face a $1,100.00 minimum fine.

If that same person were to have a BAC over .15, their minimum fine would be $2,200.00. For a third conviction within five years, the minimum fine would normally be $2,100.00. However, for a BAC over .15, the minimum fine would be $4,200.00. For a fourth conviction within five years, a person is going to be forced to pay a minimum fine of $4,100.00. For a BAC over .15, the minimum fine would be $8,200.00. The fourth conviction will also result in a conviction of a class C felony. The doubled penalties also apply to anyone convicted of DUI with a child under the age of 14 in the vehicle.

Other DUI penalties

Other than fines, a person convicted of DUI will also be subject too incarceration of not more than one year in jail. The Department of Public Safety will suspend the license of a person convicted of DUI for 90 days for the first DUI conviction. For a second DUI conviction, the Department of Public Safety will revoke their driver’s license for one year. Upon a third conviction, the Department of Public Safety will revoke their driver’s license for three years. For a fourth DUI conviction, the Department of Public Safety will revoke their driver’s license for five years. On top of the above mentioned penalties, an individual convicted of DUI will also be required to attend some type of counseling mandated by the state of Alabama.

As you can see, the state has a myriad of penalties an individual convicted of DUI will be faced with.

January 10, 2012

Tag Archive for: DUI

How BAC is Calculated

DUI Case Hinging on Dual Identity Evidence

Driver charged with murder in DUI fatality

Former Miss USA winner tried for DUI

DUI case to be re-investigated

Man with 25 arrests for DUI sentenced to prison

Personal Breathalyzers May Help Users Avoid Repeat DUI Offenses

Police Chief Sentenced In DUI Case

DUI Charge In School Bus Collision

New DUI Penalties

Cracking down on DUI above .15

DUI fines

Other DUI penalties

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