Your blood alcohol level (BAC) identifies the amount of alcohol present in your blood stream. Alcohol gets absorbed directly by your blood, making it relatively easy to test for. It does not get digested first like food does. Whereas it may take several hours for the nutrients in food to be absorbed by your blood stream and distributed to your cells and organs, alcohol can be absorbed and distributed within about 50 minutes.

Your rate of metabolism is a major factor in determining how quickly your body will process and eliminate alcohol from its system. Your liver is responsible for processing alcohol, and it is then expelled through your sweat, breath, and urine. The quicker your metabolism, the quicker your liver will process the alcohol in your system.

On average, most people can process and eliminate one drink per hour. One drink is considered:

• One shot (1 oz. of 80 proof liquor)
• One 12 oz. beer
• One 4 oz. glass of wine

Your BAC will start to rise at a rate of .02 for every drink you consume above one an hour. As your BAC rises, your organs become more and more saturated with alcohol, causing you to feel intoxicated.

Breath Tests

The breathalyzer machine tests the alcohol level of the air in your lungs. There is a direct ratio of 2100:1 linking the alcohol concentration in your lungs to the alcohol concentration in your blood. In other words, every 2100 milliliters of air has the exact same alcohol content as 1 milliliter of blood.

In order for a breath test to accurately determine your BAC, you will need to supply a continuous breath sample of at least 30 seconds. The passage of time will not necessarily lower your BAC. If you have consumed several alcoholic beverages just prior to getting behind the wheel, your body will continue to process this alcohol over the next hour or two. Therefore, it is possible to have a higher BAC when you reach the police station than you did while driving.

Blood Tests

Blood tests are not used as frequently as breath tests because they are considered a more invasive procedure and your blood sample will need to be sent to a lab, causing it to take longer to receive the results. However, blood tests are the method of choice when you are under suspicion of being impaired by drugs.

It is important to understand what is being tested when you are given a blood test. Some labs test whole blood while others test plasma or serum. This will have a big impact on your BAC.

Whole blood is made up of cellular material, plasma, and fibrinogen (a clotting agent). If the solid material is removed, you are left with plasma or serum (plasma without fibrinogen). If the lab is testing your plasma or serum, it will give you an artificially high BAC.

This occurs because when the cellular material is removed by centrifuge, you are left with the same amount of alcohol in a smaller volume of liquid. This will increase the concentration of alcohol in the blood liquid. Serum or plasma BAC measurements are generally about 16% higher than whole blood BAC measurements. This is a big difference.

It is a good idea to ask the lab technician what is being tested. If he is testing plasma or serum, you can expect to be considered more intoxicated than you actually are. This is important information to provide to your DUI attorney.

Don’t Defend Yourself

If you are charged with a DUI, it is important to seek the assistance of an attorney experienced in handling DUI cases. The consequences of a DUI conviction are severe, and can result in serious fines, jail time, loss of license, cancellation of your insurance policy, and potential employment problems. A DUI lawyer can help keep the damage from these charges to a minimum.

If you have been charged with a DUI in the Baltimore, Annapolis, Glen Burnie, or Columbia, Maryland areas, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.

Patricia Woloch
http://www.articlesbase.com/national,-state,-local-articles/understanding-your-blood-alcohol-level-724951.html

Car accidents can also result in poor maintenance of a vehicle, poor highway conditions, weather conditions, driving under the influence of alcohol (DUI & DWI), driving while texting (text messages) and other related causes. No matter the circumstance if you’ve been injured as a result of a car accident you may seek legal counsel for damages.

When a person decides to seek lawsuit funding for a car accident they must first have the representation of an attorney. Unfortuantely without legal representation no company will provide a cash advance against a legal case. When a company decides to look at a car accident case they will request case documents from your attorney. These documents are used to better help assess a case. A company is looking for information pertaning to liability meaning whom was at fault.

The most common accidents that lawsuit funding companies evaluate are car accident claims. This is because there are more car accident each day than any other personal injury case.

The most common car accidents include:

* Rear end collision
* Front end collision
* Passenger injury
* Intersection accidents
* Parking lot accidents

Figuring out who is at fault in a car accident is a matter of deciding who was negligent or liable for the accident. When an attorney reviews a case resulting from a car accident they will use a number of sources; police reports, witness statements, and traffic laws may determine who is at fault. This is the same information a lawsuit funding company may request when evaluating funding.

An attorney may prove the driver of the other car was negligent.

* Disobeying traffic signals & signs
* Speeding
* Failure to use signals when turning
* Disregarding weather & traffic conditions
* Driving on the wrong side of the road
* DWI / DUI
* Driving while talking on a cell phone
* Driving while Texting – Text Messaging
* Road rage
* Improper lane changes
* Passing in the emergency lane or shoulder
* Tailgating
* Running red lights

For addititional information regarding car accident lawsuit funding please visitit LawLeaf today.

If you are searching for lawsuit funding for a car accident let LawLeaf work for you. LawLeaf an online lawsuit funding company provides settlement advance services throughout the United States and Canada.

Lawsuit Funding
http://www.articlesbase.com/personal-injury-articles/car-accident-lawsuit-funding-669805.html

New Year’s Eve and other holidays bring a shudder to law enforcement officials. As they clock in to start their shifts, many wonder if this will be the night that they have to pull the lifeless body of a passenger from a car that has been wrapped around a tree, an event that happened for just one reason: the driver had too much to drink and decided to get behind the wheel of a car and venture forth.

A survey conducted by FindLaw.com last fall, just before the busy Labor Day weekend, revealed a startling fact: as many as one in twelve drivers admit to have driven drunk at one time or another. Specifically, more than 7% drivers surveyed said that they had more alcohol in their bodies than legally allowable and chose to drive anyway. Each person who responded gave their answer based upon the previous twelve months only.

Specifically, the survey revealed:

Men were almost three times more likely than women to say they have driven when they thought they were above the legal limit.

Younger drivers — ages 18 to 34 — were more than twice as likely as older drivers to admit the same behavior.

Of those drivers who admitted driving while possibly over the legal limit, one in nine (12%) say they have been arrested for driving while intoxicated sometime in their life.

All states recognize a blood alcohol concentration (BOC) level of 0.08% or higher as evidence of drunk driving. However, even with rates lower than that figure, a driver can be stopped for driving impaired which can lead to their arrest and conviction. With all of that information in mind, FindLaw.com recommends the following:

Play it safe; call a cab. Besides putting your life and those of others in danger, some states give police the authority to make a DUI arrest on probable cause if you are intoxicated and in your vehicle with your keys, even if the vehicle is not moving.

DUI laws involve more than just alcohol. DUI laws are not limited to alcohol use. Most states take into account any substance, including marijuana, prescription drugs and even over-the-counter drugs, such as antihistamines, which may impair a driver’s ability to think clearly and safely operate a motor vehicle.

Think twice before refusing a sobriety test. You may refuse to take a chemical test (blood, breath, urine), but almost every state has a so-called “implied consent” law, and under such laws a refusal can result in suspension of your driver’s license for three to 12 months. This is true even if you’re eventually found not guilty of the drunk driving charge. Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that because you refused you were, in fact, under the influence. In states such as California, juries are instructed that they may infer that you were conscious of your own guilt.

Get a lawyer. Because defending against a charge of driving under the influence requires an understanding of scientific and medical concepts, it’s best to hire an attorney who specializes in DUI law. If you need to find a lawyer, go to http://www.findlaw.com/, which can help you locate an attorney specializing in DUI and DWI law.

Cooperate at sobriety checkpoints. Even if you have not consumed any alcohol or drugs, you should cooperate with law enforcement authorities if instructed to pull over at a drunk driving checkpoint, which an increasing number of states conduct during major holiday weekends, such as Thanksgiving and New Year’s Eve.

Most certainly, you don’t want to be the cause of an accident that injures or kills you, a passenger or the passengers of another vehicle. Driving while impaired or while drunk is irresponsible, a practice that can destroy the lives of victims and their families.

Matthew C. Keegan
http://www.articlesbase.com/automotive-articles/drunken-driving-how-prevalent-is-it-704905.html

Chapter 4 DWI Lawyer Bob Keefer: DUI Guilt Myth

                                                         CHAPTER 4Let us say you are driving down the road and you see the flashing lights behind you. The first thing to keep in mind is that, as soon as the lights start flashing, the officer will begin collecting evidence for the report. The police report, as we will see, is an important document in a DUI trial, so it is very important how you conduct yourself and how you interact with the police officer. Everything that you do and say from this point forward might make it into the police report, including the reason that the officer pulled you over in the first place, as well as how you stop your car and how long it took for you to pull over. So pull over quickly but safely.

“I’VE BEEN PULLED OVER BY THE POLICE –WHAT SHOULD I KNOW?”

 “Why have I been pulled over?”—Probable CauseThe first thing that you may wonder is why you have been stopped. What you should know is that, if the police officer suspects that you were driving under the influence, and pulls you over for that reason, the officer must have had “probable cause” before pulling you over. There are many things that give a police officer the necessary probable cause to pull you over legally for driving under the influence. The most common ones are listed below.

 •   Driving on or over the lane divide

 • Drifting into the other lane

 • Making a wide turn

 • Making an illegal turn

 • Weaving in your lane

 • Braking frequently

 • Nearly missing an object or another car

 • Driving very slowly, generally morethan 10 mph below speed limit

 • Swerving

 • Driving with your headlights off

 • Not making turn signals, or making inappropriate turn signals

 • Stopping in the middle of the road for no reason

 • Accelerating or decelerating tooquickly

 • Following another car too closely

 Of course, just because a police officer pulled you over for the way you were driving does not necessarily mean that you were driving drunk. As we will see, providing a non-alcohol related explanation for your driving—while it will not help you while you are on the road with the officer—may be crucial in both your license suspension hearing and your criminal case if you are charged with a DUI.

 While you may feel that what the officer is doing is unfair, unreasonable, illegal or wrong, it is never a good idea to badmouth or insult the officer. At best it will make for a very unpleasant experience. At worst it could lead to your arrest. And again, what you say goes into the written report that the officer makes later.

 “I’ve been pulled over—what should I do?”Once you are stopped the officer will approach your vehicle to talk with you. He will first ask you to show your drivers license, registration and proof of insurance. You cannot be arrested for refusing to identify yourself, but if you do not promptly provide the documents the officer asks for, it is legal for the officer to search your vehicle in any location within the passenger compartment where he believes a drivers license or vehicle registration may be. If this is something you want to avoid, be sure to have your license and registration in a location where you can obtain it immediately so the officer does not have the justification to search your car.

 If he suspects that you were driving while intoxicated, the officer will be looking for sufficient reason to arrest you. From the moment he lays eyes on you he will observe your demeanor and smell the air in the car for any traces for any alcohol. The officer will look for a number of traditional indicators of intoxication, including:

 1. Odor of alcohol

 2. Bloodshot or watery eyes

 3. Slurred speech

 4. Flushed face complexion

 5. Lack of coordination/fumbling to find your license

 At some point he will ask you if you have consumed any alcoholic beverages.  At this point, I recommend that you politely tell the Officer that, “I want a lawyer.  If I am not under arrest please let me go.”

 It is perfectly within your legal rights to politely refuse to answer the questions. The officer might still decide that he has enough reason to arrest you, but simply refusing to answer the question is not reason enough.

 But no matter how you answer, if the officer still suspects that you were driving under the influence, he will ask you to exit your vehicle.

 “I’ve been asked to get out of the car—do I have to?”If the officer asks you to get out of the car, you must do so or you will be arrested. If the officer pats you down, do not physically resist. He may then ask to search your vehicle. You have the legal right to refuse the search if you choose. You should always refuse.

 The officer cannot arrest you simply for refusing to consent to a search of your vehicle. In some limited cases, however, your car can be searched without your permission or a warrant, as long as the police officer has probable cause to believe that you have committed a crime. Even if you think that what the officer is doing is illegal, do not resist. If the officer illegally obtains evidence against you, it cannot be used at trial. No matter what else he does, if the officer has asked you to get out of the car, it is likely because he will ask you to take a field sobriety or breath test.

 “I’ve been asked to take field sobriety tests—what do I do?”Politely refuse.  “Field Sobriety Tests” (FSTs) are subjective tests designed to determine if you are impaired. The purpose of these tests is to evaluate your motor skills and coordination, as well as your mental attention and ability to process information. You have the legal right to refuse to take a field sobriety test, even if the officer does not ask your consent. A good way to refuse taking a field sobriety test—or anything that a police officer asked you to do—is to say, “I’d like to speak to an attorney first.”

 If you decide to submit to a field sobriety test, the officer will ask you to do one or several of the following five tests. Remember to follow instructions and do not start until the officer specifically tells you to.

 1. NystagmusIn this test the officer is looking at what your eyes are doing. He will be looking to see if your eyes are wavering or if they cannot smoothly track and follow a finger or a pencil approximately six inches from your nose, as both of these things suggest alcohol impairment. You will “fail” this test if the officer sees your eyes trembling or jerking.

 2. Standing on One LegThis test is designed to measure your balance, sometimes while your mental attention is focused on something else. One possibility is that the officer will instruct you to place your hands at your side, to extend one foot thirty inches and count by thousands (“one, one thousand, two, one thousand, . . .”). Another possibility is that the officer will ask you to simply stand erect for 30 seconds without swaying. Finally, you may also be asked to pick up an object off the ground. The officer will be looking to see if you begin too early, lose count, lose your balance, fall over or display poor coordination when attempting to pick up the object.

 3. Walk and Turn

 In this test, you will be asked to walk a certain number of heel-to-toe steps away, then turn and walk the same number of heel-to-toe steps back. You will “fail” this test if you begin too early, step off the line, lose your balance, lose count of how many steps you took, or put space between your heel and toe.

 4. Finger to Nose

 This test involves standing erect with feet together, closing your eyes, extending your arms and touching your finger to your nose. You will “fail” this test if you begin too early, have trouble maintaining your balance, miss your nose or show any sign of muscle tremors or miss your nose.

 5. The Rhomberg Balance Test

 In this test, the officer will instruct you to stand erect, close your eyes, tilt your head back and estimate how long thirty seconds lasts. The officer will be looking for any muscle spasms or tremors and to see whether alcohol might have slowed down your perception of time.

 “Did I pass the field sobriety test?”

Whether you pass or fail is based totally on the officer’s personal observations and impressions. Remember, these tests are entirely subjective—they do not conclusively determine whether you are drunk or not. Also keep in mind that the officer asked you to take field sobriety tests because he suspects that you were driving while intoxicated. At this point he has probably already decided to arrest you. It might surprise you that most people, sober or otherwise, “fail” these tests.

 There are a number of other factors that influence how you do on these tests, having nothing at all to do with alcohol. How even the pavement is, whether it is gravel or concrete, the volume of traffic passing by (which will likely slow down to stare at you), the amount of lighting available, and the weather (you could be shaking because you are cold, not intoxicated, for example)—all of these things impact how you do on a field sobriety test. In addition, your physical condition may affect the results, whether you are overweight, elderly, or have physical impairments of your limbs, back, or eyes. Even the type of shoes you are wearing might affect the test. Finally, you are probably very nervous, humiliated, angry, and tired.

 The important thing to keep in mind, no matter what kind of field sobriety test you take and no matter how you think you did, an experienced defense attorney will know how to ensure that you are not convicted simply because of the police officer’s personal opinion. In the next chapter we will take a closer look at field sobriety tests and their questionable validity as measures of intoxication and impairment.

 Preliminary Breath TestsYou should always refuse the preliminary breath test.  The other test that you may be asked to take is a preliminary alcohol screening device test (PBT). Just like the field sobriety test, you have the legal right to refuse to take a PBT. However, you are also more likely to be arrested if you refuse to take the test.

 Based on the alcohol content of your breath the machine estimates the percentage of alcohol in your blood, which is what determines whether you are “above the legal limit.” However, a roadside breath test is not considered scientifically accurate, so it cannot be used as evidence against you at trial. However, it can be used as evidence at the DMV hearing, which determines whether your license should be suspended. A failed PBT is also a common justification for arrest. We will also scrutinize the reliability of these tests in the next chapter.

 “Did I say too much?”—Incriminating Statements or ActionsOne of the most common mistakes that people make when they are pulled over by a police officer is saying too much. It is important to remember that everything you say from the point you are approached by the officer until you are released from custody can, and most likely will, be in a subsequent police report and it may be used against you at trial. You need not say anything to the officer other than to show your drivers license and insurance information.

 Once you are arrested, the officer is then required to provide you with a Miranda advisory. A Miranda warning—which most of us know from movies and television—advises individuals of their constitutional right to remain silent, to not answer questions that would incriminate them and to have a lawyer present before answering any questions. The officer is required to read you your Miranda rights because, if he does not, nothing that you say can be used against you in a court of law, making it harder to prove that you committed a crime.

 The problem is that most people do not know that they have the right to refuse to answer questions that might incriminate them before they are arrested and read their rights. The rights that are listed in the Miranda advisory are rights that we always have, not just when we are arrested.

 www.BobKeeferLaw.com

Bob Keefer
http://www.articlesbase.com/criminal-articles/dui-guilt-myth-chapter-4-679764.html

Driving under the influence (or DUI) is a severe offense. If you have ever had a DUI conviction, you without doubt know that the consequences can be both embarrassing and pricey. Aside from the fines, attorney fees, and license suspension, there are the more long-standing consequences, such as the impact on your car insurance rates and coverage.

If you are convicted of a DUI, more often than not, your insurance company will find out about the DUI and will deal with you in one of two ways. Normally, your rates will go up, sometimes significantly, or, the company will simply terminate your policy. If your insurance company raises your premiums but keeps you as an insured, you will likely be labeled a “high-risk driver.” Most states require the insurance company to provide the state motor vehicle agency (DMV, MVD) with an SR-22 Proof of Insurance Certificate, which removes your license suspension by providing the state with proof that you are insured.

While this is all starting to ok, the catch is that not all insurance companies offer SR-22 policies. So your policy may be non-renewed or cancelled simply because the company can no longer supply insurance for you. In some states, insurers can’t cut you off in the middle of the policy term, so be sure to check on the laws where you live.

John Musca – Fl DUI Attorney

John Musca, Esq.
Naples, Florida
phone (239) 793-5297
fax (239) 774-3229

About John Musca and Musca Law:

With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.

DUI Terms

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
Blood Test: A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.
Breath Test: A test of blood alcohol level that is derived from measuring the alcohol level of the suspect’s breath. It depends for its accuracy on the machine’s receiving air from deep in the lungs, and a mathematical formula is used to extrapolate the blood alcohol level from the lung-air alcohol level.

John Musca
http://www.articlesbase.com/spirituality-articles/john-musca-dui-and-your-insurance-1070893.html

Driving under the influence (or DUI) is a severe offense. If you have ever had a DUI conviction, you without doubt know that the consequences can be both embarrassing and pricey. Aside from the fines, attorney fees, and license suspension, there are the more long-standing consequences, such as the impact on your car insurance rates and coverage.

If you are convicted of a DUI, more often than not, your insurance company will find out about the DUI and will deal with you in one of two ways. Normally, your rates will go up, sometimes significantly, or, the company will simply terminate your policy. If your insurance company raises your premiums but keeps you as an insured, you will likely be labeled a “high-risk driver.” Most states require the insurance company to provide the state motor vehicle agency (DMV, MVD) with an SR-22 Proof of Insurance Certificate, which removes your license suspension by providing the state with proof that you are insured.

While this is all starting to ok, the catch is that not all insurance companies offer SR-22 policies. So your policy may be non-renewed or cancelled simply because the company can no longer supply insurance for you. In some states, insurers can’t cut you off in the middle of the policy term, so be sure to check on the laws where you live.

John Musca – Fl DUI Attorney

John Musca, Esq.
Naples, Florida
phone (239) 793-5297
fax (239) 774-3229

About John Musca and Musca Law:

With nine offices throughout south, southwest and southeast Florida, the DUI defense attorneys at Musca Law defend clients charged with driving under the influence of alcohol or drugs (DUI).

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

You should know you only have 10 days from the date you were arrested for DUI to request an administrative review hearing to retain your driving privileges.

DUI Terms

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
Blood Test: A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.
Breath Test: A test of blood alcohol level that is derived from measuring the alcohol level of the suspect’s breath. It depends for its accuracy on the machine’s receiving air from deep in the lungs, and a mathematical formula is used to extrapolate the blood alcohol level from the lung-air alcohol level.

John Musca
http://www.articlesbase.com/spirituality-articles/john-musca-dui-and-your-insurance-1070893.html