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Santa Cruz DUI defense lawyerIf you have never been pulled over for drunk driving and received a breathalyzer test, the technology might seem infallible – it was developed by law enforcement, after all. However, as outlined in the following sections, breathalyzers (and other sobriety testing methods) are anything but foolproof. In fact, there are several everyday items – things that would never lead to actual intoxication – that may cause a false positive on a breathalyzer.

The Complex and Inaccurate Nature of Breathalyzers

Breathalyzers are not perfect devices. They must be calibrated regularly, and the officer using it may not administer the test correctly. Yet, even in perfect conditions (i.e. a well-calibrated device, proper use, etc.), a breathalyzer may be inaccurate.

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The market is flooded with personal mobile breathalyzer devices that can be used to determine whether you are too intoxicated to drive. These devices have become popular, not just because they are accessible and quite affordable, but also because some of them do have high levels of accuracy.

If being arrested for DUI is a concern for you – as it should be - then it might help to invest in a personal breathalyzer. It is handy to carry around, and you can instantly use it to check whether your blood alcohol levels are too high for you to drive safely.

While there are a number of breathalyzer models available, you don't want to skimp on price. Don't choose the cheapest breathalyzer you can find.

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Tagged in: Breathalyzer DUI

Posted on in DUI

Teen singing sensation Justin Bieber was arrested recently in Florida for DUI and drag racing. He is now out on bail. He was arrested after a police officer saw him heading down a street in Miami Beach, driving a yellow Lamborghini at excessive speeds.

According to officers, they were alerted because the star was driving at least twice the speed limit at the time. When he was pulled over, the officers noticed several signs of intoxication. He seemed drunk, and smelt of alcohol. According to officers, he had a look of stupor on his face, and when he was ordered to get out of the car, he made very slow and deliberate movements.

When the officer asked him to put his hand on his vehicle so that he could be patted down for weapons, Bieber refused to do so. He became uncooperative and argumentative. He failed a DUI sobriety test, and was then taken to the station for a breathalyzer test. Officers also found that he was driving with an invalid license.

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Posted on in DUI

Things are likely to get more complicated and more serious for former teen idol David Cassidy of The Partridge Family show. He was recently arrested for the third time for DUI.

The 63-year-old actor registered at .19% on an alcohol test after he was stopped by the California Highway Patrol in Los Angeles. That is more than twice the legally permissible blood alcohol concentration limit in California. According to officers, they pulled over the actor after they observed him making a right turn on a red light in clear violation of a sign which clearly indicated that no right turns were allowed at the red light. When the officers approached the door, they noticed the smell of alcohol from the car, and arrested him.

Last year, Cassidy was arrested for DUI in New York, after he registered at .10 on a breathalyzer test. The maximum legally permissible blood alcohol concentration level in New York is also .08.

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Public opinion in support of legalization has grown stronger in California, and a recent poll by Gallup estimated that as many as 50% of Americans are in favor of the legalization of pot. Soon, California could legalize marijuana, and companies are already experimenting with so-called pot breathalyzers that would help determine the amount of marijuana in a person’s system.

Obviously, before we have a breathalyzer on the market, it is first necessary to determine the maximum legally permissible marijuana level, similar to the permissible blood alcohol standard that we currently have to determine the incidence of DUI in California. Besides, according to experts, any kind of breathalyzer that is designed to help determine the presence of marijuana in the system is not likely to work like an alcohol breathalyzer, simply because there are several modes of consumption of marijuana. The different modes of consumption could lead to different quantities of marijuana showing up in a person’s system.

As California moves towards legalization of marijuana, it will be looking to other states that have already legalized the drug for lessons in this area. Currently, the only two states that have legalized marijuana are Washington and Colorado. In Washington, for instance, possession of an ounce of marijuana is legal, but it is not legal for a person to drive under the influence of 5 ng of THC per mL of blood. That level is already controversial on Washington, where experts have held that the limit is not scientifically accurate, or reliable. Many experts do seem to agree that it will be very difficult to come up with a standard legal limit that is accurate.

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Tagged in: Breathalyzer DUI
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