New Port Richey DUI Lawyers

1. Malaki, Afram: Criminal Defense
2. Duryea & Duryea: Accidents ¥ Adoptions ¥ Child Support ¥ Criminal Law ¥ Custody Law ¥ Divorce Law ¥ Domestic Violence ¥ Family Law ¥ Juvenile Law ¥ Medical Malpractice ¥ Paternity ¥ Visitation ¥ Wrongful Death
3. Rooth Law Group: While the legal limit of alcohol in your system varies from state to state, nowhere is it legal to drive while intoxicated. You can be asked to take a blood alcohol and/or physical coordination test at any point by the police during a traffic stop. Even if you pass these tests, you can still be arrested for driving while intoxicated Ð called DWI, or DUI for driving under the influence. And if the arresting officers can properly report that you were driving recklessly, or smelled of alcohol, or your conduct was that of an intoxicated individual, you could be convicted by a jury regardless of your test results. A drunk driving conviction is a serious matter Ð you could lose your license, pay a large fine and even spend time in prison. It's important to have proper legal representation for a drunk driving arrest Ð whether to fight the charges or have the charges significantly reduced.
4. Pawuk & Pawuk: Breath Testing The breath testing machine used in Florida is the Intoxilyzer 8000 manufactured by CMI, Inc., in Owensboro, KY. The machine captures a sample of your breath in a small chamber and an infrared beam of light is projected from one end of the chamber to the other. The machine essentially is able to read how much light is received at the other end of the tube, minus the alcohol molecules which block the full amount of energy from reaching the detector at the other end. The amount converted into a number then needs to be multiplied by 2100 in order to obtain a reading which makes any logical sense. Obviously, the breath in your lungs is not what is making you drunk. The breath machine is attempting to measure the amount of alcohol in your blood stream by taking the amount of alcohol in your breath and multiplying it by 2100. Why? Well, as mentioned above, the breath in your lungs is not affecting your brain. However, within your lungs are tiny sacs called alveoli which are surrounded by blood, and when you breath in and out the air in your lungs comes into close proximity with blood so that gases such as carbon dioxide and oxygen can exchange between the air and the blood. Unfortunately, when you drink, the alcohol from your blood exchanges into the air sacs, and a breath test will be able to detect it. Generally speaking, the basic principle upon which the breath test relies for its accuracy is a scientific principle called Henry's Law. In plain English, Henry's Law states that when you heat a liquid at a constant temperature in a controlled atmosphere (test tube), the dissolved gas above the liquid will contain the same amount of the volatile substance contained within the liquid when multiplied by a partition coefficient (partition ratio). The breath machine assumes a partition ratio of 2100 to 1 when it uses the machine's software to multiply the result of your breath alcohol in comparison to what is in your blood. (The grams of alcohol in the breath must be measured in direct proportion to the grams of alcohol in the blood. The assumption is that 2100 milliliters of breath will contain the same amount of alcohol as 1 milliliter of blood). There are multiple problems which can arise from this assumption. First, your partition ratio may or may not ever be 2100 to1. Second, you do not have a partition ratio to speak of when you are not drinking, and when you are, it is constantly rising until all the alcohol in your system is fully absorbed, then is starts decreasing. No two people absorb or eliminate alcohol at the same rate. This is a major reason why the time of your last drink plays a role in whether the number being printed out by the machine is even close to accurate. YOUR BREATH RESULTS COULD VERY WELL BE FROM FIVE TO FORTY PERCENT INACCURATE DEPENDING ON THE TIME OF YOUR TEST. If this all sounds too technical to you, here is what you need to know. First, the breath test is not 100% accurate. Factors like your partition ratio, body temperature, time of your last drink and time of the breath test after your last drink affect whether the result is accurate. It is a machine with software making a conversion based on set numbers. For example, your breath test could be inaccurate by up to 8% or more if you simply have a fever or elevated temperature. Also, external factors like radio frequency interference could affect the reading, even though the machine touts a radio frequency interference detector. This could also affect the accuracy of the test results. The breath machine is in essence supposed to simulate a human lung in the deepest part of your alveoli where blood and air are exchanged. This draws on assumptions that new scientific evidence is continually calling into question.
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