DUI BLOG
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10/6/2006 - High
court upholds 2004 law on breath alcohol tests
Seattle Post Intelligencer - USA
... Defense lawyers declared victory, saying Thursday's ruling returns
the power to a judge - not a jury - in deciding whether the results are
admissible. But prosecutors said defense attorneys were reading the
ruling incorrectly, and that the high court didn't change the law -
that once certain standards are met before a judge, any additional
concerns about a breath test must be addressed with the jury. ...
What was your
blood alcohol level?
Important Note:
There is no blood alcohol calculator that is 100% accurate because of
the number of factors that come into play regarding the consumption and
reduction (burnoff) rates of different people. Factors include the sex
(male/female)
of the drinker, differing metabolism rates, various health issues and
the combination of medications that might be taken, drinking frequency,
amount of food in the stomach and small intestine and when it was
eaten, elapsed time, and others. The best that can be done is a rough
estimation of the BAC level based on known inputs. See More ...
What
does it mean to be
above the legal limit for
drinking?
The
“legal limit for drinking” is the alcohol level
above which an individual is subject to legal penalties (e.g., loss of
a driver's license). Typically, this alcohol level is measured in blood
or breath, using either a blood alcohol test or a breathalyzer,
respectively. Legal limits are defined by a government entity (e.g.,
state legislature or regulatory agency), and are specific to the
situation that a person is in (e.g., driving a car) as well as the
characteristics of the person themselves (e.g., their age). For
example, in most states, the current legal limit for operating a motor
vehicle is 0.08%, or 80 mg/dL among drivers who are age 21 years or
older. However, there is zero tolerance for drivers who are under
age 21 years, meaning that they are not allowed to operate a motor
vehicle with any alcohol in their system. In contrast, the
legal limit is 0.04% or 40 mg/dL for commercial truck drivers.
Different legal limits also apply to airline pilots, bus drivers, and
to persons operating recreational watercraft. However, it is important
to recognize that the legal limit does not define a level below
which it is safe to operate a vehicle or engage in some other
activity rather, the legal limit is intended to define a level at or
above which an individual is subject to legal action under a specific
set of circumstances. Therefore, decisions about the appropriate level
of alcohol consumption in a particular situation should begin with a
careful assessment of whether it’s appropriate to be drinking at
all. See More ...
FAA
Regulations for
Pilots
Under
14 CFR 61.15, all pilots are
required to submit a notification letter to AMC-700, within 60 calendar
days of
the effective date of an alcohol-related conviction or administrative
action.
For purposes of 14 CFR 61.15(c), alcohol-related convictions or
administrative
actions are referred to as motor vehicle actions (MVA).
An administrative action consists
of a suspension, cancellation, or revocation of a driver license.
Examples of
administrative actions include a suspension, cancellation, or
revocation of a
driver license for driving with an excessive blood alcohol level or
refusal to
submit to a chemical or blood test. Airmen should be aware that the
nature and
duration of administrative actions varies among the states. For
instance, some
states, such as North Carolina, provide for a 10-day civil revocation
for
refusing to test. Other states may impose a lengthy suspension (e.g. 90
- 180
days) for a similar violation. See More ...
What is the Mission of the Impaired
Driving Division?
The
mission of the Impaired Driving Division is to develop partnerships
to cooperatively save lives, prevent injuries, and reduce
traffic-related health care and economic costs resulting from impaired
driving (alcohol and other drugs). See More ...
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Please take a moment to review the information in addition to
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===================
Everyone is entitled to the
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mockery of justice. You are entitled to compassionate and truthful
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What should you get out of your attorney client
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driver's license and stay out of jail - i.e. you'll not be convicted of
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your DUI / DWI / OUI / OWI arrest or lawsuit.
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Association or Better Business Bureau. DUI-Help.com is solely a
directory similar to any telephone book. We have no control of the
professional's administration of legal duties in your case. 1996-2006
© DUI-Help.com. All rights reserved. Alexa Report
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at the National
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