Can A Breathalyzer Result Be Considered Inadmissible For Court?

August 23rd, 2010 by LasVegas-Dui

There is no other law that entails harsher punishments and stiffer fines than driving under the influence laws. In every state in the US, being accused and convicted of driving under the influence can greatly affect your life in that you may be subject to community service, large fines and even imprisonment. All this stems from the police suspecting you of DUI.

When you’re pulled over, you’re not necessarily driving erratically or over speeding. You might have a broken taillight or even have the appearance of being drunk like having a flushed face, red eyes, etc. In order to get the exact figure of your blood alcohol concentration, a breathalyzer is used. You have to blow into the gadget and it will tell the police officer exactly if your BAC is higher than .08.

Together with DUI laws, there’s the implied consent law. This law provides that each and every licensed driver gives their consent to chemical testing so that BAC as well as reasonable suspicion of intoxication is established. There are other chemical tests for BAC that you may have to submit to if the police officer requests it like blood analysis or urine analysis. But the use of the breathalyzer is the most method if testing in the field because 1) this equipment is portable making it easier to administer the test on the spot, 2) it can be used by non-medical personnel.

There are however, circumstances when breath tests are unreliable and in this situation, it can be inadmissible in Las Vegas, Nevada courts. With a highly skilled attorney and an expert in the science of breathalyzers, if the only evidence of intoxication is the breathalyzer result, this evidence can be found inadmissible because of a malfunctioning device, improper way of handling the breathalyzer, and even how the police officer maintains and cares for this device. More specifically, assumption of a 2100 to 1 blood to breath ratio can possibly be scientifically unreliable.

If training and qualification of the test administrator of the breathalyzer test is questioned, breathalyzer results can be inadmissible in court. Questions about how the test was administered are raised. If the machine wasn’t warmed up to the right operating temperature, the breathalyzer cannot get a deep lung sample. Sometimes, your characteristics might even affect the figure of BAC given by the device. For example, you have a certain condition like diabetes or bronchitis. Breath results can be unreliable and thus inadmissible evidence.

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Posted in Las Vegas Drunk Driving Lawyer, Las Vegas Dui Attorney, Las Vegas Dui Lawyer, Las Vegas Impaired Driving Lawyer | No Comments »

Mandatory Suspensions Of Licenses

August 16th, 2010 by LasVegas-Dui
When it comes to driving, driving under the influence and motor vehicle driver’s licenses in the state of Nevada, under the general provisions, mandatory suspension of licenses can be a penalty. Suspension by definition is when the privilege to drive that a licensee has can be temporarily withdrawn.
 
If a person is charged with driving under the influence, DUI laws in Las Vegas Nevada highlight BAC levels and implied consent. Simply, anyone who operates a vehicle with a blood alcohol concentration of at or even above .08 is seen to be intoxicated in the eyes of the law. When this happens, the implied consent laws also come into play meaning that a vehicle driver must submit to some form of chemical test for the breath, blood or urine to determine levels of intoxication. If the driver refuses to submit to any of these chemical testing requirements, mandatory suspension of a driver’s license is the penalty.
 
Mandatory suspension of licenses can last for six months and even up to a year. With regard to the first DUI offense, Nevada might allow 90 days administrative license suspension/revocation. This can go for a year with the second offense and three years on the third offense. Together with mandatory suspension of license, penalties like mandatory alcohol education and treatment with assessment might be included. An ignition interlock device is also possible to check for blood toxicity before driving.
 
Mandatory suspension of license can also occur in Las Vegas Nevada if you fail to appear in court when you’re assigned or even when you fail to pay for traffic tickets that you have received. When you’ve undergone a divorce and are set to pay for child support, failure to pay this may also result in mandatory suspension of license. Also inadequate insurance coverage for your car can lead to mandatory suspension of license.
 
It’s important that you get any kind of mix up fixed up with relation to your license being suspended if you’re not accused of DUI. The suspension of your license will be shared with all the other states in the US and you will not be able to obtain a license in any other state without having your suspension or revocation case cleared up in Nevada. This can take a lot of time and when you’re charged with DUI, after the charges are dismissed or resolved, you still have to go through the official reinstatement process.
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Do Breathalyzers Work? Are They Accurate or Not? Can Breathalyzers Be Fooled?

August 9th, 2010 by LasVegas-Dui
For a myriad of reasons to ensure safety on the road, you can be pulled over by the police when you’re out driving. You might be speeding, having a hard time maintaining the proper lane position or even driving with a broken taillight or failing to signal correctly. Because of these and many other acts, the police might think that you’re driving under the influence.
When you’re suspected of driving under the influence, the police will have to question you at your vehicle, ask you to submit to a field sobriety test and ask you to take a field breath test. To determine if you’re really driving under the influence, police officers carry with them breath testing machines called breathalyzers. With this little gizmo, it can be determined if your blood alcohol level is above the legal limit that’s set in the state of Nevada.
For the great service these little gadgets provide society with determining if a person accused of DUI is guilty or innocent, the readings on breathalyzers are taken as strong determinants. However, there has been a question as to these devices really working. Do they give accurate readings on BAC levels?  In the state of Nevada, the traffic police carry the Intoxilyer 5000. It has been seen that determination of blood alcohol content using this device has many hazards. The devices have to be well maintained to ensure that it gives accurate readings and it should be used properly in order to get the right BAC level.
With regard to breathalyzers working, this has been the bone of contention in that these devices are incapable of distinguishing ethanol from other chemicals on your breath. If for example, you’re taking some kind of medication, it can affect your breath in that you get a false positive reaction. With the way the some police officers use the breathalyzer, they might be holding their finger over the exit port on the device while taking your BAC reading. This increases the reading up to 0.08 or more, leading to another false positive that could hurt your DUI case.
It has also been said that you can fool a breathalyzer if you’ve been out drinking by the way you breathe into the machine. Studies show that if you hold your breath for 30 seconds before exhaling, you get a higher blood alcohol level reading. So if you hyperventilate before breathing into the breathalyzer, it can give a lower read figure for your BAC.
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Posted in Las Vegas Drunk Driving Lawyer, Las Vegas Dui Attorney, Las Vegas Dui Lawyer, Las Vegas Impaired Driving Lawyer | No Comments »

The Importance of Dui Lawyer Las Vegas

July 30th, 2010 by LasVegas-Dui

You will definitely agree with me when I say that you cannot defend yourself alone if you are arrested and charged for DUI. Driving under the influence of alcohol is really a serious offense with serious consequence and punishment. In this kind of situation you need a DUI lawyer Las Vegas to help you in fighting your DUI case. You will be facing a DMV (Department of Motor Vehicles) case and court case. If Florida has ten day rule, in Nevada, you need to schedule a DMV hearing as soon as possible before losing your chance.
Nevada laws are stricter now because of the new implied consent law that is why it is very important to hire an expert DUI lawyer Las Vegas. If you have Nevada’s driver’s license or simply driving on Nevada roads, drivers have no right to refuse in submitting chemical test like BAL or BAC test, you may appear normal but if your BAC or BAL result is .08% above (adult) and .02% (under 21) you will be charged for DUI because you are driving under the influence of drugs or alcohol. If necessary, police has the right to use force just to obtain evidence.
DUI lawyer Las Vegas will try their best to gather evidence and facts which may help you in proving that you are innocent and the DUI charge is not true. Good lawyer will be able to find ways to fight all evidences like you are not in normal condition while driving, you behave like drunk, failed to perform field sobriety and BAL and BAC is above .08 percent.
DUI consequences are 48 hours to six months jail time, ninety six hours community service, minimum fine and assessment of $340 up to $1,175, ninety days driving suspension but may obtain driving privilege after forty five days, need to attend a DUI school for eight hour course and installation of ignition interlock device for three to six months.
Consequences and punishment may be more harsh if it is not your first offense, you injure or harm someone and if you violate your suspension. Fighting a DUI case is really difficult so looking for a qualified DUI lawyer Las Vegas is a must if you want to dismiss or minimize your possible consequence. Having a DUI record is not easy and it will really change your life.

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Posted in Las Vegas Drunk Driving Lawyer, Las Vegas Dui Attorney, Las Vegas Dui Lawyer, Las Vegas Impaired Driving Lawyer | No Comments »

Las Vegas DUI Attorney: Education and Knowledge is Power

July 25th, 2010 by LasVegas-Dui

When charged with driving under the influence of alcohol or drugs, a Las Vegas DUI attorney can make a big difference in the outcome of your case. Even from the acronyms referring to driving under the influence like DUI, DWI or even OUI, DUI and the laws for this criminal offense are pretty confusing. If you’re arrested for either kind of crime, DUBAL, DWAI or DUI, it simply spells out trouble for you.

If you let a professional handle your case, it’s more likely that you’ll get through this arduous process more smoothly. The reason why acronyms for this crime differ is that it depends on the state you reside in and where the offense was committed. The elements that define the offense can differ from one state to another as well. With a consultation to the Las Vegas DUI attorney, you get to understand how local laws are in relation to the facts of your case. DUI or driving under the influence is most commonly used in the state of Nevada.

When it comes down to DUI laws, you have to know the difference between an impaired driver and an impaired driving pattern. While it’s true that alcohol affects individuals differently, it is always an illegal act to drive when your blood alcohol level is high. A deep understanding of the fact that even if you feel drunk only after drinking 8 glasses of alcohol, DUI laws mean that you shouldn’t drive when you’ve had two or three. A Las Vegas DUI attorney will also enlighten you that arrest for a DUI doesn’t only cover your driving pattern. Driving erratically isn’t the only reason why the police pull you over. They might have observed that your face is flushed or you have the smell of alcohol about you.

Like most laws, laws on DUIs have limitations. A skilled attorney also works with the effects that per se DUI laws have on your case. In some states, if your BAC level is higher than 0.08, you don’t have to be over speeding for guilt to be found in your case. The main characteristic of per se laws is that they’re harsh. In the end, it could mean you’ll be facing DUI charges in multiples. Your license could be suspended on a ruling based on a per se law. This also leads the police, state legislators and other authorities to be more conservative when it comes to DUI, with a Las Vegas DUI attorney; you’re educated about the law.

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Posted in Las Vegas Drunk Driving Lawyer, Las Vegas Dui Attorney, Las Vegas Dui Lawyer, Las Vegas Impaired Driving Lawyer | No Comments »

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