Myth: Stopping by a 24-hour diner for a cup of coffee will help you sober up quickly after a night out. The facts? There are no hacks to make you sober up fast. The only thing that works is time. So, exactly how long is alcohol in your system? There are many variables...
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Blood Alcohol Tests
5 things to remember about the big breath-alcohol testing story
Last week, we discussed the New York Times' major investigation into the reliability of breathalyzer tests around the country. This was a big story because the Times found that breathalyzers from various manufacturers used around the country suffer from the same...
New York Times: DUI breath tests often inaccurate, exaggerated
In 2010, when a new person was brought in to run Washington, D.C.'s breath testing program, his first priority was to test the city's Intoxilyzer machines for accuracy. He was astounded to discover that every machine was exaggerating the test results, entering numbers...
The trend of lowering BAC has a long history
As we have discussed in past blog posts, Utah became the first state to lower the legal limit of blood alcohol content (BAC) to 0.05% last December. We also reported that the state of California is not far behind, as they have proposed legislation to reduce the BAC as...
Scientists develop weed breathalyzer — will it actually work?
Now that 33 states and Washington, D.C., have legalized marijuana for some purposes, there are many people who use the drug who then wish to drive. Even in weed-friendly states however, it is illegal to drive while high.Here in Tennessee, you can be convicted of DUI...
Do you have a right to talk to a lawyer before a DUI blood test?
In some circumstances, criminal suspects may have a right to counsel before they have been arrested. This is generally when the suspect is about to make a decision that will could impair their defense in a critical stage of the case. Is deciding whether to submit to a...
Could a medical condition affect your DUI charge?
Yes. There are a number of medical conditions that could affect your breathalyzer reading. If you suspect that your breath test came out unusually high, you should discuss the situation with your criminal defense attorney, as there may be an innocent explanation for...
Are sobriety checkpoints effective? Worth the cost?
In Tennessee and most of the United States, law enforcement engages in sobriety checkpoints to catch drunk drivers. These roadblocks are generally set up to test a random sample of all drivers who encounter them. In 1990, the U.S. Supreme Court ruled that, if properly...
Another state considers lowering DUI BAC limit to 0.05 percent
The state of California is considering two, tough new DUI bills. One would lower the per se blood alcohol content (BAC) for a DUI to 0.05 percent, following the lead of Utah and the recommendation of the National Transportation Safety Board. The other bill would make...
Can sobriety be subjective?
Between movies, friends and firsthand experiences, there is an image in your head when you think about field sobriety tests. For many, it is probably the image of someone trying to walk heel-to-toe down a straight line.Officers perform field sobriety tests to...