Results tagged “breath tests” from DUI Lawyers & Attorneys News

Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.  

Last night, a man in Charleston, West Virginia was stopped by local law enforcement for suspicion of drunk driving.  When the man was pulled over by police, he told them that he had been drinking all night while attending a Christmas party.   The man was stopped by Kanawha County Deputy J.M. Vernon who had spotted him weaving in and out of his traffic lane. 

According to Vernon, the man, 38 year old Frederick D. Dunlap, was driving his pick-up erratically and continued to drift over the centerline of the road before swerving back into his own traffic lane.  Vernon also reported that Dunlap ran his truck off of the road several times.

Vernon immediately decided to stop Dunlap.  Once he approached Dunlap's truck, Vernon claimed that he smelled alcohol on Dunlap's breath and that Dunlap's speech was slurred. 
Dunlap told the deputy that he had drank 12 - 13 beers while attending a nearby Christmas party.  He said he knew he should not have been driving and that he had purposefully taken back roads in order to avoid police patrol cars. 

Dunlap had a hard time keeping his balance and stumbled all over the place when he was asked to step outside of his pick-up.  He was asked to perform 3 field sobriety tests, all of which he failed.  He was then taken to the Kanawha County Sheriff's police department and asked to perform a breath test.  His breath test revealed that his blood alcohol concentration (BAC) was 0.170%, which is over twice the West Virginia legal limit.

Dunlap was charged with driving under the influence (DUI) and is awaiting further legal proceedings.

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The state of Ohio recently announced that it would spend $7 million in federal grant money for portable breath-testing devices.  The devices are expected to help law enforcement agencies catch more drunk drivers at a quicker rate.  A bipartisan panel of legislators decided to approve the grant today.

Prior to the decision, there was skepticism surrounding the purchase of the Intoxilyzer 8000, a breath testing device.  Some claimed that bidding process was rigged and that it excluded an Ohio based company.  Additionally, defense lawyers claimed that many defendants would challenge the Intoxilyzer 8000's results, which already happened numerous times in Arizona and Florida.

However, some of the Controlling Board members said that the state health and public-safety departments could have done a better job of pleading their case for the Intoxilyzer, but that it was not sufficient reason to deny state authorities of a powerful tool that could effectively combat drunk driving. 

"We need these machines to protect the safety of the public," said state Senator Dale Miller.

The State Controlling Board voted unanimously to purchase 700 breath tests from CMI Inc. of Kentucky.   CMI Inc.'s president, Toby Hall, said "We look forward to working with Ohio law-enforcement leaders to deliver new, better alcohol-breath test equipment to help protect Ohio drivers and families from drunk drivers."

The portable breath tests are expected to be used next month during a pilot program in southwestern Ohio.  The new tests will replace stationary testing devices, which officials believe will allow police to administer tests more quickly and efficiently.

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