Los Angeles DUI Attorney: Smoking Raises Breathalyzer Results

 Los Angeles DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense, claims that smokers arrested for DUI may have false high results from breathalyzer tests.
Breath machines don't actually measure alcohol, Taylor says. They are actually designed to detect any compound containing the methyl group in its molecular structure and to assume that it is alcohol. They cannot distinguish the difference between alcohol and, among many other compounds, acetaldehyde.
Acetaldehyde is produced in the liver in small amounts as a by-product in the metabolism of alcohol. Unfortunately, the DUI lawyer says, alcohol moving from the blood into the lungs has been found to metabolize there as well. And scientists have found that acetaldehyde concentrations in the lungs of smokers are greater than for non-smokers - far greater. Translated: smokers arrested for DUI are more likely to have falsely high readings on a breathalyzer. "Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908.
The Los Angeles DUI lawyer points to another scientific study that found cigarette smoking can influence absorption by the body of alcohol -- and thus attempts to estimate earlier blood alcohol levels when driving based upon levels when tested. Johnson et al., "Cigarette Smoking and Rate of Gastric Emptying: Effect on Alcohol Absorption", 302 British Medical Journal 20.
The researchers reported testing blood samples of a group of smokers both after smoking and after prolonged abstinence. The result was that "areas under the venous blood alcohol concentration-time curves between zero and 30 minutes and 60 minutes and the peak blood alcohol concentrations were significantly less during the smoking period compared with the non-smoking period."
The scientists concluded that the effect of smoking on alcohol absorption has "considerable social and medicolegal relevance", and that the ingestion of nicotine should be taken into account when dealing with legal issues involving alcohol metabolism. In other words, Taylor says, attempts to estimate blood-alcohol levels of a DUI defendant when driving are highly unreliable.


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California DUI Lawyer Explains What to do if You're Stopped for a DUI

Nationally-known California DUI attorney Lawrence Taylor, author of Drunk Driving Defense, offers this advice:
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"

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