July 25, 2010

Fort Lauderdale DUI Attorney on the Science Behind DUI & Multiple Substances

Driving under the influence (sometimes called driving while intoxicated) is the kind of charge that many drivers are slapped with unexpectedly, according to Fort Lauderdale DUI lawyer William Moore. After watching the football game with the guys, having dinner with friends, or even attending a family birthday party, a driver sees the flashing blue lights behind him or her. The hassle of getting a speeding ticket is the first thought on the minds of some, although others are worried that the officer will smell the two beers’ worth of alcohol and become suspicious. Either way, it is not an idyllic ending to the night.

Many drivers are shocked to learn that even a few drinks can have a very real effect on their driving -- depending on the circumstances. For some, especially men or those who consume alcohol regularly, the effect is often small. However, it is important to remember the possibility of multiplying effects of intoxicants. This means that when a person consumes two or more substances, the effects can multiply -- and the level of intoxication may be higher, notes Broward County criminal lawyer Moore.

For example, consumption of two beers or the therapeutic dose of a prescription drug, such as Xanax, might not have an impairing effect on all drivers. However, having a few beers along with several Xanax pills could cause a much stronger effect, even causing a blackout experience.

Under Florida law, the operation of a motor vehicle by itself is proof of your consent to a breath, blood, or urine test to determine if you are under the influence of any substances. Refusal can have adverse consequences, such as administrative penalties or even additional criminal charges under some circumstances. Breath tests are generally the preferred method for most law enforcement agencies, but these only claim to measure the levels of alcohol in one’s breath. If the officer believes the driver is more impaired than the numbers on the breath test reveal, or if he or she notes that the driver appears to exhibits symptoms of intoxication that are inconsistent with alcohol or only alcohol, the driver may be asked to submit to a blood or urine test. Generally, blood tests are more accurate, because they provide not only which substances are in a person’s system but also in what amounts. A urine test does not quantify the substances, so a driver who smoked marijuana two weeks prior to the test may still have a positive result, even though he is no longer under the influence of the drug.

In any case, if you are arrested for DUI/DWI/, remember that you may be filmed, especially during the intake process or during a breath test:

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January 20, 2010

The First Implied Consent Laws

New York was the first state to adopt what has commonly become known as the "implied consent law" in 1953. This law was designed to force possible drunk drivers to submit to a blood, breath or urine test after the driver had been stopped by an officer and the officer then had a reasonable belief that the driver was impaired. The theory behind the practice of implementing implied consent laws (also known as informed consent) is that any driver who used the roads and highways implicitly consented to giving his or her permission for a breath or blood (and in some states, urine) sample that could be subsequently used as evidence at trial.

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