Doug Crowder

While the U.S. Supreme Court has made the DUI exemption to the Constitution, eleven states have found that sobriety checkpoints violate their own state constitutions or have outlawed them. In these states, individuals have more protections against unreasonable search and police sobriety roadblocks are prohibited.

Research indicates that breath tests vary at least 15% from actual blood alcohol concentration. At least 23% (that's about one out of every four) of all individuals tested will have a BAC reading higher than their actual BAC. 1 Therefore, many people convicted of DUI/DWI simply on the basis of a breath test results alone will be innocent drivers who are falsely convicted.

It’s important that drunk drivers, and especially hard core repeat offenders be convicted and/or receive appropriate treatment. But it’s also important that innocent drivers not be falsely convicted of DWI/DUI.

Bay View Law

A single death caused by alcohol consumption is one too many. Each such death is a needless tragedy that permanently traumatizes many others.
Drugs

Drugs and driving may be a bigger problem than generally recognized. A New England Journal of Medicine report on drivers without alcohol in their systems who were stopped by police for reckless driving found that 45% had marijuana and 25% had cocaine in their systems. 5

A study by the he Insurance Institute for Traffic Safety of interstate tractor-trailer drivers found that 15% of all drivers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, 2% had cocaine, and fewer than 1% had alcohol in their systems. 6

Myth: “Alcohol on the breath” is a reliable sign of alcohol consumption and intoxication.

Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.

Research using experienced law enforcement officers has found that odor strength estimates are unrelated to blood alcohol concentration (BAC), which ranged in the experiment from zero to .13 (almost twice the legal limit for driving). The estimates made by the officers were no more accurate than random guesses. The researchers concluded that estimates of alcohol on the breath are unreliable. 2

Typically after a DWI arrest, a suspect is taken to jail and given a chance to perform more sobriety tests or repeat the ones conducted at the roadside. Like the tests at the roadside, the suspect may choose whether to perform them, except in the case of a blood test, which generally requires a search warrant. One test that is almost always offered at this point, however, is the breathalyzer.

Bayviewlaw.com In all states, the legal BAC limit while operating a vehicle is .08. A driver’s test result of below the legal limit goes a long way toward showing that he or she was not intoxicated. A specimen above the legal limit, however, is strong evidence that the suspect was intoxicated.

A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.
Multiple Convictions

However, virtually ignored have been the other major causes of vehicular crashes. For example, using a cell phone is even more dangerous than driving while intoxicated. We can and must do even more to reduce traffic crashes from all causes.