Unknown DUI Lawyers
- Parker, Kellee: What is SCRAM? The SCRAM bracelet uses the same fuel cell technology used by most portable breath testing devices to detect and measure alcohol. The bracelet measures ethanol vapor as it passes through the skin via a sensor pack. The measurements obtained transdermally are then converted from perspiration to a blood alcohol content. SCRAM stands for secure continuance remote alcohol monitoring. SCRAM is a bracelet that is worn around the offender’s ankle. It is commonly used with repeat offenders, and first time offenders that have aggravated circumstances. How does it work? The SCRAM bracelet uses the same fuel cell technology used by most portable breath testing devices to detect and measure alcohol. The bracelet measures ethanol vapor as it passes through the skin via a sensor pack. The measurements obtained transdermally are then converted from perspiration to a blood alcohol content. The ankle bracelet also consists of electronics used for tracking, storing and transferring the data from a RF link. Each data reading is stored in a memory chip with a date and time stamp within the SCRAM bracelet until it is transferred through the SCRAM modem to Scram Net. These electronics can also detect tampering in order to keep the offender from altering the device. At predetermined times, the SCRAM modem, which is placed in the person’s home, will retrieve all recorded data from the bracelet using a secure radio frequency communication. In the event the device is tampered with or a positive reading has been recorded, the bracelet will immediately upload the data to the modem as soon as it is in range. All the readings are sent to a remote computer to be monitored and interpreted so that it is available via the internet for the individual’s monitoring agency to view and track. Why is it beneficial? One of the important benefits of the SCRAM bracelet is that it increases public safety by keeping high-risk DUI offenders off the road by monitoring their alcohol content 24 hours a day, 7 days a week. SCRAM also monitors the individual’s drinking patterns which can be used to assess dependency to help facilitate interventions early on. This device promotes accountability, for not only compliance with court-ordered alcohol abstinence, but also to prove an individual’s sobriety. Furthermore, experienced DUI defense attorneys will put their clients on SCRAM voluntarily to help negotiate alternative sentencing to avoid jail time. It is not uncommon for SCRAM to be an order of the Court to allow the person to remain released on his/her own recognizance. In that case, SCRAM plays a crucial role in helping the individual to maintain daily life obligations and employment, while contributing to the community in a positive manner until the matter is resolved. Is it really accurate? The SCRAM bracelet can only be used to estimate the amount of alcohol in a subject’s blood so it is strictly a qualitative assessment. The measurements recorded by the device are compared with an expected blood alcohol curve that takes into consideration the absorption, distribution and elimination of alcohol. If the recorded ethanol measurements rise and fall in a gradual manner like that of a blood alcohol curve, then the measurements can be assumed to be a product of metabolism of an alcoholic beverage. The problem faced here is the monitoring agency is relying on quantitative measurements of this device to create this curve when it has been proven that the data from this device is only qualitatively valid. Another evident problem with this device is that it is not specified to only detect beverage alcohol, meaning extraneous ethanol such as those used in a variety of toiletry products will be detected. This is problematic as the device will detect and measure these types of ethanol through the skin. Even more concerning is the fact the device uses fuel cells, which for the most part are non-specific for ethanol, to detect alcohol. In other words, the device can respond to other alcohols such as methyl- and isopropyl- because these alcohols can produce a curve which is almost a replica of the curve produced from an alcoholic beverage drinking episode. SCRAM is just one of the several consequences that you can face when arrested for driving under the influence. If you have been arrested for a DUI, it is imperative that you contact a skilled DUI defense attorney to be your advocate and minimize these penalties.
- Paine, Autumn: Criminal Defense. Trials & Appeals.
- Schultz, Michael: If you were arrested for a DUI, you need answers-now. You don't want to go back to jail, lose your license or have a DUI on your record. As much as we would like, we can't turn the clock back and change things. However, there may be a legal way to prevent a DUI arrest from becoming a DUI conviction.
- Newton, John: misdemeanor, felony, or DUI
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Ronald Dinan:
Driving Under the Influence of Alcohol and/or Drugs
Q: If I am stopped by a police officer for a DUI, am I required to take those field sobriety tests (FST’s) at the roadside before I am arrested?
A: Absolutely no! Although someone under 21 years of age must take a portable breath test at the roadside, no one is required to take any FST’s, such as walk the line, tip to nose, hand slap, recite the ABC’s, etc., because they are unscientific in nature and subject to personal analysis by the testing police officer. If you refuse to take any FST’s, the police officer will then make a decision as to whether or not he/she has sufficient information to place you under arrest or allow you to go on your way. Any mistake, perceived by the police officer, will be recorded in the arrest report and used against you in court and at the DMV. After an arrest, a chemical test is required, such as a breath or blood test, or a urine test if for some reason the breath and blood tests are not available, or if drug use is suspected. The chemical test can be administered at the roadside, the police station or a hospital. A refusal to take a breath or blood test after an arrest generally results in a driver’s license suspension for one year for a first DUI offender and two years or more for someone with one or more prior DUI convictions.
Q: I was recently arrested for a DUI. Doesn't the police officer who was with me for the 15 minutes immediately prior to my breat test have to be a certified operator of the machine?
A. No. Title 17, Section 1219.3 requires that “the breath sample shall be collected only after the subject has been under continuous observation for at least 15 minutes prior to collection of the breath sample, during which time the subject must not have ingested alcoholic beverages, or other fluids, regurgitated, vomited, eaten or smoked.” This provision of the law is intended to prevent contamination of the mouth cavity which is the primary chamber from which “deep lung” air is acquired during the test. Unfortunately, a Court of Appeals has recently decided that under the “official duty presumption” (Evidence Code, Section 664), a police officer who is not certified to operate the breath testing equipment may qualify as someone who can conduct the 15 minute observation. Further, the courts seem to be leaning towards the decision that Title 17 does not require the observing officer to maintain uninterrupted visual contact. Nevertheless, your attorney should diligently analyze when and how this observation was made, i.e. if any part of it occurred while you were being driven to jail (certainly, and hopefully, 90% of his attention is on the road and not on a suspect in the back seat of his patrol car), whether he was attending to other duties, etc.
Q: In a DUI case, is it true that the period of time has increased from 7 years to 10 years, during which a prior DUI conviction can be used to substantially increase the punishment for a new DUI?
A: Absolutely. As of January 1, 2005, the law has increased the punishment for repeat offenses occurring after January 1, 2005 and within 10 years of a prior offense instead of 7 years. This period of time used to be 5 years, increased to 7 years some time ago and now is 10 years. It is important to remember that this 10 year period runs from the date of offense of the previous case to the date of offense in the new case and not from the date of conviction or when the previous case was resolved. In short, a person who receives a new DUI after January 1, 2005, must concern themselves with a prior conviction occurring as far back as 1995.
Further, the new law requires all those convicted of a DUI offense or reckless driving to be specifically advised that...being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs or both, and, as a result of that driving, someone is killed, you can be charged with murder.
Q. Can a person be arrested for a DUI driving something other than a car, truck or motorcycle?A. Absolutely! You can be arrested for driving any "Self Propelled Motor Vehicle" under the influence. Motor vehicles which are self propelled include any device which can be propelled or moved on a highway except devices which are moved exclusively by human power or used on stationary rails or tracks. These include mopeds, mini-bikes, all terrain vehicles, dune buggies, gold carts, go-carts, snowmobiles, motorized cranes, forklifts, bulldozers, etc. This definition does not include self propelled wheelchairs, invalid tricycles or motorized quadricycles operated by people with physical disabilities who are unable to move about as pedestrians. In 1985, California enacted laws making it unlawful for anyone to ride a bicycle under the influence of alcohol and/or drugs. However, a DUI on a bicycle must occur on a public roadway, as opposed to a motor vehicle, which can occur on either public property or private property
Q. A police officer saw my passenger flicking cigarette ashes out the window while we were waiting for a red light. He pulled us over and I was arrested for a DUI. Can he legally stop us for flicking ashes out the window?
- Earl Carter: Dealing with a DUI arrest can be difficult. You may be worried about what will happen to you. You may feel that you were not drunk, but you don't know how to prove that. You may think you can't afford a DUI lawyer. Whatever the case, don't wait another minute. Turn this problem over to a DUI defense lawyer who cares about the outcome of your case — a lawyer who has extensive experience with handling DUI charges in Southern California.
- Helfend, Robert: Consider the prosecution must prove that you were impaired at the time of driving. To do this you will most likely be asked to submit to a blood alcohol test or field sobriety test, and answer questions about your drinking. However many people are unaware of their rights during a traffic stop: you have the right to refuse to submit to a chemical test or to answer most questions. The refusal to submit to chemical tests many lead to loss of driving privileges for one year or longer depending on your prior convictions. The vast majority of people accused of drunk driving are not "criminals"; but in fact, ordinary citizens caught in the criminal justice system. A vigorous defense can be mounted challenging the opinion of the police officer and the validity of the tests. Independent witnesses who can attest to the amount of alcohol the accused drank can help discredit the officer's testimony. Be aware of promises of particular results! No lawyer, no matter how good, is in a position to promise a particular result in a criminal case. Lawyers CAN promise to do their best. Lawyers CAN believe in the quality of the case. Lawyers can believe that they will probably be able to get a particular result. But a competent lawyer will never guarantee a particular result. Not being willing to guarantee a result is not a sign of weakness. It is a sign of experience and wisdom. A competent lawyer will never guarantee aparticular result.
- Chase Law Group: BAC Chart
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