Drunk Driving by Car Insurance Comparison.org

Leading DUI network and blog DUI Attorney Helper highlights exactly how police officers act prior to a DUI arrest, informing readers on not only the dangers and consequences, but also the process.

What happens in a DUI arrest? How do officers know you’ve been drinking just by your driving? While this is not big news, how you should act during an arrest bears repeating. A recent blog post on the network points out how the BAC level for drivers is the same in all states, 0.08 percent. But what happens before that?

“If an officer suspects you’ve been drinking, he often notices your driving first. Profiling based on other means — pulling someone over who appears suspicious or who is a minority — is illegal.”

The blog post goes further to say exactly what officers are trained for and learn prior to pulling you over. “If you weave from lane to lane, hit the side of the road, go between one lane and another, stop and start quickly, and especially go through stop signs and red lights, these are red flags to officers. You will likely be pulled over.”

When will you get pulled over and what are your chances of arrest? You will likely be given a BAC level test; just because you are pulled over does not mean you are over the designated limit. Most states use the breathalyzer, though a blood test is considered most accurate.

What if you do get pulled over, you are given a breathalyzer, and you fail to pass it? You will be arrested, and most DUI cases lead to charges, depending on whether this is your first time or if you’re a multiple offender.

The blog post says further that, “If you’ve been arrested for a DUI, you need a lawyer. It might be hard to remember during the event, but you want to follow all laws and pretty much say nothing. How the officer acts, if he or she gives you a Miranda, and their explanation on why the pulled you over can be used in court.”

Why should you hire a lawyer? “Though this experience is never easy, if you hire an experienced lawyer it can save you a lot of time and worry.” And finally, how do you hire one? Look for experience, a lawyer who specializes in DUI law in your state.

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DUI Attorney Helper is a network of lawyers who guide readers and clients through DUI, DWI, and OWI laws. If you feel you need an experienced defender in court, or simply want a consultation, you can call the or visit DUIAttorneyHome.com.

Last year, California Drunk Driving Criminal Defense Lawyer Rick Mueller recently wrote in Avvo.com on “Using the Variableness of the 2100 to 1 Partition Ratio to Attack Breath Tests.”

California DUI criminal defense attorneys have been suggesting partition ratio and regression studies for years.

Thank goodness for the McNeal case. California Supreme Court Justice Corrigan wrote:

“2100-to-1 (partition) ratio overstates the actual amount of alcohol in his blood. For someone with an extremely low ratio of 1100 to 1, for example, use of the 2100-to-1 partition ratio would overstate blood-alcohol content by almost 50 percent.”

All California DUI breath test machines multiply the result they get by 2100. But the lowest Partition Ratio is 1300:1 according to the McNeal case.

Assuming at the time of the test:

a .06 can be as low as a .037

a .07 – .043

a .08 – .049

a .09 – .055

a .10 – .061

a .11 – .068

a .12 – .074

a .13 – .080

a .14 – .086

a .15 – .092

a .16 – .099

Under the McNeal case, a California DUI criminal defense lawyer uses scientific facts that the BAC reading is faulty to defend the accused against the BAC and presumption of being under the influence (but strangely not against the charge that a person was BAC was .08% or more).

A person’s individual Partition Ratio is like a gateway valve. It takes, as some say, 2100 molecules of alcohol to be at the membrane – the divider, or partition, between or blood and the air in the alveolar sac –  before enough pressure is produced to push a single molecule of alcohol across that membrane.

Then the California DUI breath test estimating is calibrated to assume that 2100 molecules were present when that single molecule is read.  If the true partition ratio of the client is 2100:1, the California DUI breath test estimating machine is correct. Of course, this is an example ONLY as the California DUI breath test estimating machines are certainly not capable of discerning a single molecule.

If the true partition ratio on the person is 1050:1, then when only 1050 molecules of alcohol were near the membrane, one would cross into the air space and ultimately be read by the instrument.

The California DUI breath test estimating machine seeing that molecule, assumes that 2100 were present (because it has been calibrated in California to believe so) and then multiplies the value by 2100 – therefore doubling the reported BrAC.

Only 1050 molecules were needed to get one across the membrane. The machine assumed 2100 were there, and reported accordingly. This person is shown to unfairly have a falsely elevated results with their BrAC double his or her true BAC.

On the other hand, if the true partition of a person is 4200:1, then 4200 molecules of alcohol are present at the membrane before enough pressure is produced to allow one to escape.

The California DUI breath test estimating machine sees that lone molecule, assumes 2100 were present when in fact 4200 were, and reports the person’s BrAC at half his or her true BAC. This person could, as an example, have a true BAC of .15%, and have his or her reported BrAC at .075, and therefore should receive a break in the other direction.

This is one of the factors behind the “longer you blow, the higher you go” situation. As the sample is given, the alcohol at the partition cannot reach equilibrium. Less molecules are present to cross the membrane.  So the ratio starts to drop, and the reported readings begin to rise. (Values at the extremes of 1050:1 or 4200:1 are rare.)

But no study reported the ratio at 2100:1.

Since the drinking episode begins with no preexisting ratio, it must be acquired from 0.  It goes up high but not until the backside of the curve.

If a California prosecution DUI expert assumes the number 1050, get the witness to concede that is half of 2100 (the number the machine always uses as the assumed number).

Then the California DUI criminal defense lawyer can ask that witness to admit that such a number would require dividing the stated breath result by half as well (making a .14 reported result cut in half to a .07).  High readings do happen.

Note also that halving the ratio from 2100:1 to 1050:1 DOUBLES the reported breath reading. Doubling the ratio from 2100:1 to 4200:1 would drop the reported reading in half.

Values of the ethanol partition ratios as reported in the scientific journals since 1935. The median and average of the reported partitions is 1900:1. I don’t know where they get the myth of the “True value really being 2300:1, so your client is already getting a break.” Don’t let California DUI Prosecution witnesses get away with that fallacy.

The California partition ratio should be reported as a range, from perhaps 1300:1 to 2400:1. It changes from day to day within an individual, from the beginning to the end of the breath sample, and of course, varies between individuals.

Dr. Michael Hlastala’s work identifies that alcohol exchange occurs all along the pathway, and is not isolated in the alveolar sacs, therefore the ratio is a fallacy. The entire notion is a convenient fallacy in any event, as both the BrAC and BAC values vary to the point that the ratio cannot be calculate.

California DUI criminal defense attorneys use this jury instruction in drunk driving cases to show that this ratio varies so a person can get a fair consideration of the varying evidence.

About the Author: Rick Mueller is a San Diego DUI Attorney. To learn more, please visit SanDiegoDUILawyer.com.

This law is going to affect a lot of California drivers in their day-to-day lives. Many drivers who use an interlock complain of the hassle. You have to blow into it every time you start your car, plus many interlocks require rolling retests while you’re on the road. You have to take your car in to have them recalibrated and you have to teach anyone who drives your car how to use the device.  It’s definitely more of an inconvenience than it was before the device.  However, at least you are still driving!

If you have been required to get an IID, the most important thing you can do is to choose a device with the least amount of hassle.  A growing number of auto shops take care of a lot of the steps for you when it comes to installation and training. The installation and calibration processes are relatively painless. You go into the shop for an hour (typically, there is a shop close to your home or office) and hand them your court paperwork. They install the device, tell you how to use it, and you’re on your way. Companies such as Smart Start (http://www.smartstartofcalifornia.com) strive to make this process as smooth for you as possible, with nearly fifty locations in California , training videos and 24 hour customer support.  That’s right –  Smart Start has a 24-7 helpline if you have questions or concerns about your ignition interlock device. They understand that you need answers when you have questions.

Ignition interlock devices make technological advances all the time.  Having these devices doesn’t have to be a nightmare.  Sure, you wish you didn’t have to have it.  However, like taxes and dentist appointments, you just have to get through this period without making yourself go crazy. After all, without the ability to drive, chances are you’ll probably go crazier.

Take, for instance, the story of Lance Cpl. Elijah Leigh Ferguson, a Camp Pendleton Marine who was sentenced last Friday to 15 years to life in prison for killing an innocent person and injuring his wife.

According to this story at 10News.com, Ferguson got drunk and had planned to sleep it off before driving home to Orange County.  His friends had taken away his keys, however, Ferguson was able to talk someone into driving him home. However, once they were in the car, Ferguson bullied the other Marine into letting him drive the car.

Ferguson’s parents believe that he has been under a great deal of stress after returning home from Iraq. Marital problems also played a role in his state of mind at the time of the accident.

There are many ways to reduce stress, but drinking and driving is not one of them.

Hopefully Elijah Ferguson will learn from his mistake and move on…

Hopefully we can learn from his story….

Have you been arrested for a DUI in San Diego?  Hire an experienced San Diego DUI attorney to help you with your case.

The state of California is stepping up efforts to prevent drunk driving, as they usually do around this time of the year.  However, the California Office of Traffic Safety will fund more than 2,500 sobriety checkpoints in 2010, a 47 percent increase over the 1,700 conducted this year.

California is supposedly the state with the most checkpoints, but just how effective are they?

Although I used to believe that checkpoints were a good way to find drunk drivers and prevent drunk driving, as I’ve stated before, sobriety checkpoints may not be truly effective.  Plus, there’s the argument about the Fourth Amendment which questions the idea of “unreasonable” searches.

If you look at the California DUI Fact Sheet, the number of alcohol-involved fatalities increased from the period of 1997-2007.  If sobriety checkpoints are supposed to help, shouldn’t those numbers be decreasing instead?

What do you think?

If you are planning on drinking this New Year’s, follow these tips to make it a safe holiday season….and if, by chance, you are arrested for a DUI in San Diego, hire an experienced lawyer who specializes in DUI cases.

Photo Credit: Beth Rankin

I’m not really one to judge, but how hard is it to pick up the phone and have someone pick you up…or designate a sober driver if you’re going out drinking with a group?   That’s ok if you have to wake someone up in the middle of the night.  I’m sure they’ll forgive you. 

You don’t have to be a rich celebrity to call a cab.  Here are a couple taxi cab companies in San Diego who will gladly pick you up:

Yellow Cab of San Diego: 619-234-6161
Orange Cab of San Diego:  619-223-5555

And if, by chance, you are arrested for a DUI in San Diego, make sure to call an experienced San Diego DUI lawyer!

• Learn about the Buzzed Driving is Drunk Driving campaign.
• A South African insurance company has created a chauffeur service to members called Buddy@OUT.
• Posted over at the DWI Blog is a list of Drunk Driving Prevention Programs.
• What do you think?  Could random breath tests prevent drunk driving?
• The Connecticut State Police and Mohegan Tribe have stepped up DUI monitoring campaigns.