DUI
A DUI charge based upon the appearance of the motorist is generally brought with a separate charge based solely upon the motorist's breath or blood alcohol content. In the first instance, it is the appearance of the motorist that counts. In other words, did he or she appear drunk? The second, however, is far more problematic. Based solely upon the results of a chemical test, it is to my knowledge the only crime that can be proven entirely by the results of a scientific test.
Some individuals who are not intoxicated may naturally tend to exhibit what appear to be signs of intoxication, such as bloodshot eyes, swaying gait and mumbled speech. Coupled with the strong odor which even one alcoholic beverage may produce, the possibility runs strong that, in the ansence of a chemical test, a sober motorist could be convicted.
If, on the other hand, a motorist decides to submit to a chemical test, conviction along with the social and financial problems it entails, frequently depends upon the accuracy of a breath test.
Is chemical testing always accurate? Statistically, no. The problem lies in that fact that each and every test depends upon a presumed relationship between breath and blood alcohol. Dependant upon a lung-blood ratio reached by the National Safety Council in 1952, all breath testing ignores the fact that the ratio varies both with time and the individual tested. For instance, if the motorist is tested before the alcohol consumed has been completely distributed throughout the body, it is possible for the results of a breath test to be three times higher than his or her actual blood alcohol content. Further, there exists the effect of other chemicals which are commonly found on the breath of human beings. The development of modern breath testing equipment is rife with efforts of designers to minimize the impact of mouth alcohol, acetone, methane and others.
Not confined solely to science, breath test difficulties can be found in the manner in which breath test programs are administered. In 1991, after more than three years of litigation, I was able to prove to the satisfaction of New York's highest courts that a Pennsylvania firm which was manufacturing breath test chemicals was engaged in fraudulently certifying lot verification and quality control.
Nor has fraud been confined in breath test chemicals. A study from five precincts in Massachusetts and California published in 1989 conclusively showed breath test operators to be setting Breathalyzer test results falsely high. Closer to home, last spring, a New York State Federal Court overturned the conviction of an individual convicted of DUI Murder when it found that two New York Troopers has falsified reports, placed pieces of the defendant's car at the scene of an accident and attached strands of the victim's hair to the defendant's automobile while the vehicle was impounded.
Finally, there exists the human factor. Because of the nature of the alcoholism, an alcoholic who is convicted of a DUI is condemned to continually repeat that offense irrespective of the number of times that he or she is convicted. A sad fact is that much needed treatment is unavailable following conviction either as a result of jail or the lack of insurance coverage. Moreover, when the defendant is the predicate officer, it may very well be the best interests of society dictate that incarceration not be imposed. Presently, an individual sentenced to State prison for felony DUI will serve approximately two years. In the absence of treatment, all this sentence will do is insure taht the motorist loses his or her job, loses his or her family and loses any meaningful efforts toward rehabilitation.
Thus, as unpalatable as it may seem to some, it is not only proper that the DUI defendant be afforded a vigorous defense, but such is a Constitutional imperative if the interests of justice, society, and the defendant are to be adequately preserved.
The Drink Wheel
About the Drink Wheel
The Intoximeters Inc. "Drink Wheel"¹ is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Disclaimer
It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell. A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans. The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.