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.
Source
Wednesday, October 28, 2009
Monday, October 12, 2009
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?"
Source
"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?"
Source
Monday, September 28, 2009
9-year-old girl killed in SoCal DUI crash
OCEANSIDE, Calif.—A 9-year-old girl has died in a San Diego County freeway crash blamed on a man suspected of driving drunk.
California Highway Patrol Officer Steven Zelasco says a Lexus carrying the girl struck two cars and a big-rig shortly after 1 a.m. Monday on Interstate 5 in Oceanside.
The driver, 23-year-old Michael Wright Jr. of Commerce, had minor injuries and was arrested for investigation of gross vehicular manslaughter while intoxicated. The girl, who was in the back seat, died at a hospital. Her identity was not released.
Zelasco says the vehicles had slowed because of road work when the Lexus, doing more than 50 mph, rear-ended one and then hit two others.
Two other drivers had injuries but they were not serious.
Source
California Highway Patrol Officer Steven Zelasco says a Lexus carrying the girl struck two cars and a big-rig shortly after 1 a.m. Monday on Interstate 5 in Oceanside.
The driver, 23-year-old Michael Wright Jr. of Commerce, had minor injuries and was arrested for investigation of gross vehicular manslaughter while intoxicated. The girl, who was in the back seat, died at a hospital. Her identity was not released.
Zelasco says the vehicles had slowed because of road work when the Lexus, doing more than 50 mph, rear-ended one and then hit two others.
Two other drivers had injuries but they were not serious.
Source
Monday, September 14, 2009
Man Suspected Of DUI Death Of Girl In Custody
CARLSBAD, Calif. -- A 23-year-old Los Angeles man is in custody Tuesday on suspicion of killing his 9-year-old passenger when he drove drunk on a Carlsbad freeway, authorities said.
Michael J. Wright Jr. of Commerce in Los Angeles County was arrested shortly after the fatal crash, which occurred around 1 a.m. Monday on northbound Interstate 5 at Cassidy Street, according to the California Highway Patrol.
Nine-year-old Violet Rosenquist, also of Los Angeles County, was a rear seat passenger in a 2006 Lexus RS330 driven by Wright.
Wright is being held in the Vista jail on $300,000 bail on suspicion of gross vehicular manslaughter, driving under the influence and other charges, according to jail records.
Wright allegedly failed to notice in time that vehicles were slowing down, then swerved to the right and crashed into a Dodge Caliber, hit a Honda CRV and slammed into the left rear of a big rig, the CHP reported.
Rosenquist was flown to Rady Children's Hospital, where she died minutes after arriving, according to the San Diego County Medical Examiner's Office. Her relationship to Wright remained undisclosed early this morning.
The driver of the Dodge suffered minor injuries, while the Honda's driver was taken to Tri-City Medical Center with moderate injuries, according to the CHP and a Carlsbad fire dispatcher.
Wright is expected to be arraigned Wednesday afternoon at the Vista courthouse, according to jail records.
Source
Michael J. Wright Jr. of Commerce in Los Angeles County was arrested shortly after the fatal crash, which occurred around 1 a.m. Monday on northbound Interstate 5 at Cassidy Street, according to the California Highway Patrol.
Nine-year-old Violet Rosenquist, also of Los Angeles County, was a rear seat passenger in a 2006 Lexus RS330 driven by Wright.
Wright is being held in the Vista jail on $300,000 bail on suspicion of gross vehicular manslaughter, driving under the influence and other charges, according to jail records.
Wright allegedly failed to notice in time that vehicles were slowing down, then swerved to the right and crashed into a Dodge Caliber, hit a Honda CRV and slammed into the left rear of a big rig, the CHP reported.
Rosenquist was flown to Rady Children's Hospital, where she died minutes after arriving, according to the San Diego County Medical Examiner's Office. Her relationship to Wright remained undisclosed early this morning.
The driver of the Dodge suffered minor injuries, while the Honda's driver was taken to Tri-City Medical Center with moderate injuries, according to the CHP and a Carlsbad fire dispatcher.
Wright is expected to be arraigned Wednesday afternoon at the Vista courthouse, according to jail records.
Source
Tuesday, September 1, 2009
More DUI Enforcement on On Local Highway
SAN DIEGO — A law enforcement agency in San Diego’s north county is getting a grant to step up DUI enforcement along State Route 76.
The California Highway Patrol’s Oceanside office is getting 266,000 for increased DUI patrols and sobriety checkpoints along 38 miles of Route 76. There have been 13 deaths and 303 injuries related to DUI’s on the road in the past three years. Sergeant Tom Greenstone says the casinos in the area play a role in the crashes.
“We have a number of high incidences of crashes that are fatalities and DUI involved that we have been able to relate back to the casinos and not just one but all of them out there on the east side of I-15 on SR 76,” he said.
The grant comes from the State Office of Highway Safety. The extra enforcement measures will begin in September and last for about a year and a half.
Source
The California Highway Patrol’s Oceanside office is getting 266,000 for increased DUI patrols and sobriety checkpoints along 38 miles of Route 76. There have been 13 deaths and 303 injuries related to DUI’s on the road in the past three years. Sergeant Tom Greenstone says the casinos in the area play a role in the crashes.
“We have a number of high incidences of crashes that are fatalities and DUI involved that we have been able to relate back to the casinos and not just one but all of them out there on the east side of I-15 on SR 76,” he said.
The grant comes from the State Office of Highway Safety. The extra enforcement measures will begin in September and last for about a year and a half.
Source
Thursday, August 20, 2009
Supreme Court Cites Los Angeles DUI Attorney as Authority
LONG BEACH, Calif., Aug. 5 /PRNewswire/ -- In a landmark decision, the California Supreme Court has cited a Los Angeles DUI lawyer as authority in reversing previous law prohibiting California DUI attorneys from offering evidence in trial that breathalyzers used in drunk driving cases are susceptible to inherent error.
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals
Source
In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:
The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.
"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."
With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.
Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.
The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals
Source
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