Archive for the ‘DUI Breath Testing’ Category

Shining Light on DUIs

Tuesday, May 1st, 2012

As we all know today we live in a generation that relies and focuses on technology. Today, DUI law enforcement even relies on technology. Breathalyzer exams, lab tests, and other forms are all necessary in order to detect the blood alcohol of an individual. However, some of these methods and forms of technology are not as reliable as they should be, and are even contributing to individuals being falsely charged, and later convicted of a DUI crime. However, a new piece of technology is now “shining light” on the situation of drinking and driving in Pennsylvania.

Brightening Things Up

Within the past year, a new piece of technology is now being used in many collegiate locations and cities in order to crack down on drinking and driving. The “alcohol-detecting flashlight” is a new gadget that has given a lot of new hope to many law enforcement agencies, and activists groups all over the country. The actual flashlight looks just like a generic one you could find at any store. However, it has a few more tricks then just turning a light on and off.

How It Works

The DUI flashlight is said to actually detect the blood alcohol content of an individual, or help officers determine whether the student, or individual in the vehicle has been drinking alcohol. Although the flashlight is known as a “passive alcohol sensor” the device can actually pick up some readings when it is within 5 to 10 inches of an individual’s mouth. It then indicates the level of alcohol the individual has consumed, which ranges from:

  • Drinking lightly (1-2 drinks)
  • Drinking moderately (3-5 drinks)
  • Drinking heavily (above 5 drinks)
  • No apparent drinking (0 drinks)

Statistics and Studies

Many studies have been done with the flashlights and drunken drivers that show that now officers are able to set a new standard. One particular study shows the actual results that are correlated with the flashlight. During the study, officers who used the flashlight had a better chance of distinguishing drunken drivers right off the bat, whereas officers who did not use the flashlight had more trouble determining the sobriety of individuals. The study showed that DUI arrests increased by 77% of actual offenders with the help of the flashlight.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Your Teeth Impacting Your Breathalyzer Test

Tuesday, April 17th, 2012

When an individual drinks and drives, or drives under the influence of any drug for that matter they are playing a game of life and death. When an individual is under the influence they put themselves at risk of not only sustaining serious injuries and death, but also that of other individuals out on the roads as well. A DUI is not just present, but future and can haunt and individual for a lifetime, or so it seems. Although it can be seen that a DUI only impacts you legally it does not and can have your life turned upside down in an instant.

However, most individuals have enough of an idea of DUIs today to not even think to attempt to drive while drunk. Yet, more and more individuals are being charged with DUIs today not as a result of them actually committing the crime, but due to faulty examinations, equipment, and the apathetic attitude that is existent within today’s law enforcement officers.

False breathalyzer results are not uncommon by any means today. The breathalyzer is imposed on individuals in order to find their BAC (blood alcohol content) score. However, more studies and tests have been done on this piece of equipment and have shown that the majority of the time these are not doing the job that they are intended for.

Usually, an individual’s mind jumps to the conclusion that a BAC score is solely passed on that of alcohol. Yet, would you be surprised that anything that enters your mouth influences it altogether, even your teeth?

Recently, an individual was falsely accused of driving while under the influence because the individual swerved “a bit too much” on the road. The officer then proceeded to pull the individual over and conducted a field sobriety test and a breathalyzer test. The man actually had veneers, or false teeth. Many dental studies have been done that show that these teeth carry over alcohol and food residue, which can easily impact an individual’s breathalyzer score.

Although the man experienced sobriety, the officer thought differently and attempted to charge him for a DUI. Luckily, the man sought out an experienced attorney who brought to the attention of the court the studies dealing with false death and alcohol and the overall aspects that can impact a breathalyzer exam. Today, the man can now breath a little easier knowing that he was not impacted by that of faulty police evidence that so many are.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Another Tale of Faulty Breathalyzers

Monday, February 27th, 2012

Today, technology is an active part of any individual’s life not only in the United States, but also pretty much from coast-to-coast, and worldwide. We can see technology literally everywhere we turn: in every room of our homes, our cars, our offices, and even in the palm of our hands. Technology has impacted not what we can do everyday, but ultimately what we choose to do everyday. Without technology as it is today we would have many things that could still be seen as in the “Dark Ages”. However, when we use technology we expect it to work 100%, right?

A DUI is a very serious crime, especially within the world we live today. Driving while under the influence of not only alcohol, but any drug that could render an individual physically and mentally incapable to properly function a motor vehicle is one thing that not only kills that motor vehicle driver, but also that of all others around them. Punishment for a DUI does not only impact an individual legally, but also socially as well. Therefore, it is important to make sure that if you are falsely accused of a DUI you get all the facts straight.

Breathalyzer tests are known by now to be faulty instruments that are used in the field of DUI investigations. Many individuals every year are charged, and unfortunately convicted of a DUI thanks to these malfunctioning devices. However, many things and factors can easily alter the results of a breathalyzer exam. One incident shows a man that had a digestive issue that caused him to have some varying form of acid reflex that resulted in some alcohol that is within the stomach and digestive tract to resurface. Unfortunately, the breathalyzer test picked up on this and from there the man was falsely accused for driving while under the influence of alcohol.

Luckily, the man’s case went to court where he brought forth medical evidence that proved his innocence thanks to medical professional testimonies, as well as medical charts. However, some individuals are not always as fortunate as this man and today are having to deal with the consequences of being an innocent individual that has had to deal with faulty equipment that has now impacted their lives forever.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Can Cops Even Do The Field Test?

Thursday, January 26th, 2012

Today, the United States is within an economic recession. It has people not only counting their cents and dollars carefully, but also spending them wisely. Individuals in the past have gone out and simply just bought things to buy them. However, today, people are beginning to understand the true value of the dollar. As a result of the recession employment opportunities have fallen. One would assume that everyone who has a job is taking full advantage of their position and doing what is asked of them in every way, shape, or form. Yet, that is not the case for some Pennsylvania police officers.

It is no shock that corruption exists within law enforcement entities today. Recently, a report stated that some police officers could not only not administer the standard field sobriety test that is used with individuals who are suspected for drinking and driving, but also not even pass the tests that they performed themselves. If our law enforcement officers are out in the field charging people aimlessly for crimes of such negative demeanor how is it that citizens know that the true criminals are not the one suffering the consequences of a DUI charge, but the innocent citizens who are falsely accused?

In the past, it has been known that DUI evidence can easily be falsified within lab settings, and even out on roadways. From inaccurate breathalyzer results to faulty blood work individuals can easily pinned with a false DUI charge. However, many people can easily be tacked down with more false allegations during a field sobriety test, especially if the officer performing the exam does not know how to properly administer the test.

Individuals today can easily be charged with a false DUI either on purpose, or as a result of incompetence on the side of the law enforcement which our hard earned tax dollars fund on a day-to-day basis.

Whether you are falsely accused or not, drinking alcohol or consuming other drugs and driving simply do not mix well and a designated driver or plan of action is always advised when individuals consume alcoholic beverages.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Portable Breathalyzer Tests, What Will They Think of Next?

Thursday, November 3rd, 2011

For many years now, officers have tried to invade fraternity houses in the hopes of racking up on underage drinking charges; because it is a well known fact that college fraternity parties are filled with minors drinking large amounts of alcohol. Although this makes a reasonable effort in preventing minors from drinking alcohol, this random invasion of fraternity houses costs minors more than just a night of partying. First of all, law enforcement officers who make their way into the fraternity houses have a portable breath test (PBT). Theoretically, the portable breath tests seem like a good idea, but in reality, all they do is produce inaccurate readings–even more inaccurate than the breathalyzer test administered by officers on drivers pulled over for driving while under the influence of alcohol.

When the portable breathalyzers are used, they are taken at face value, which is very unfortunate for the minor involved. If the portable breath test produces a positive reading, even though that reading may be false, it is seen as accurate in the eyes of the court. This is absolutely unacceptable. The ramifications that these portable breathalyzers inflict upon minors is profound, and since the portable breathalyzer test might not be producing an accurate reading, there should be good reason to administer the minor another test before bringing them in based on their portable breathalyzer test results.

Law enforcement officers need to consider the results of a PBT before trying to convict a minor of being over the limit because the results of that test will stay with that minor forever on their permanent record. The minors whose results are proven positive on the portable breathalyzer test will have a difficult time when trying to find future employment, insurance coverage, and many other things.

The results of the portable breathalyzer will impact the minor’s life greatly, so law enforcement officers need to take that into account before they turn the results of the portable breathalyzer test to a court judge. It is not impossible to get out of the charges, but it is difficult. If charged with being over the legal limit of alcohol, it is wise to seek out a wise and experienced attorney to handle your case and who truly has your best interest at heart, and will take care of all your legal needs. Also, be honest with your attorney, because the more that they know, the more they will be able to help you, and win your case.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Taking a Breathalyzer Test: Yay or Nay

Tuesday, October 25th, 2011

A breathalyzer is an instrument used to measure the blood alcohol content (BAC) of the driver of a vehicle who is assumed or suspected to be under the influence of alcohol or any other substance. Many have wondered over the years whether to actually take the breathalyzer test or not. In the law, it states that anyone that is asked or requested to take the test by a law official must submit to the test. Even so, all licensed drivers really needs to do to know the official answer is to simply pull out their license and look at the bottom edge. There you will notice in small, barely legible or noticeable print “Operation of a motor vehicle constitutes consent to any sobriety test required by law.” Many people have barely even noticed, or even have known to look.

By driving merely on a roadway in Pittsburgh, you have given your consent to a breathalyzer, and or a urinalysis or blood test if a law enforcement entity finds it necessary. However, if a law enforcement officer has deemed you impaired by your current state at the time of the investigation, you are only subjected to such testing.

An example would include if a driver, who’s windows had a slightly darker or bad tint beyond the legal limit, was pulled over and the officer at the time, depending on impairment signs noticed and accounted for, deems the driver with impairment and unable to drive properly, which results in all as evidence. A urine test from there is likely request if the driver participates in the sobriety field test and breathalyzer and blows a BAC of 0.00. The state must show the driver exhibited signs of impairment even if the urinalysis shows illegal or prescribed drugs that could be an intoxicant within the driver’s body at the time of the DUI investigation. Recently, video recording of most DUI investigations is now done to show thorough evidence in the court of law and the actual field sobriety test in action. As a juror, a jury member may review and conclude from the videos whether or not the driver seems to be impaired and operating vehicle under normal or unusual pretenses.

If you refuse to submit to a breath, urine, or blood test there are penalties that apply to the drivers resilience, which results in the suspension of your driver’s license for an extended period of time. If a driver refuses to participate more than one time, an individual is liable to be charged with criminal refusal to participate in a sobriety test. From there, the case can carry to a court of law and be used to help accredit a guilty charge, which therefore comes down to the video recording, if available, and record of driver’s cooperation to some degree.

When you have been charged with a criminal offense, you want an experienced defense lawyer protecting your rights every step of the way. I am Pittsuburgh DUI attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!

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Breathalyzers, When Will It End?

Tuesday, September 27th, 2011

It is old news that breathalyzer tests are faulty, and can assume common substances in the human body for alcohol, and therefore provide an inaccurate reading; but what about mistaking substances as simple as hand sanitizer for alcohol? You would not think that a breathalyzer could wrongly convict someone by tracing their hand sanitizer, but apparently it is quite possible. Unfortunately this happened to a man who had a not so admirable record to begin with. He had been convicted of multiple driving under the influence charges in the past, and had been arrested numerous times which did not help his defense when he tried to claim that he was not guilty of the last driving under the influence charge he received.

Obviously he had no good reason for anyone to believe he was telling the truth, until it was found in his court hearing that the reading on his breathalyzer test was the result of his use of common hand sanitizer. This is a rightfully shocking fact. It is very unsettling to know that you can be convicted of a driving under the influence charge simply because you used hand sanitizer. Furthermore, it was found that the company who produces the breathalyzers who sensed the hand sanitizer knew good and well that they did, and did not say one word about it; and for that, the man who was wrongly accused of the DUI is suing the company.

What is even more shocking is that certain foods have been found to produce the same results on a breathalyzer test as drinking alcohol, and they are not what one might think. Bananas, mouthwash, and sauerkraut are just a few substances that can make someone look guilty if given a breathalyzer.

All of these facts are just more reasons why breathalyzers should be discredited, and not used as the deciding factor of whether or not someone should be charged with a driving under the influence charge. No one should be at risk for a driving under the influence charge just because they ate a banana or used hand sanitizer–it is absurd; but unfortunately law enforcement officers read whatever the breathalyzer says as accurate, and therefore and innocent person is condemned to suffer legal fees, court costs, job loss, and not to mention the notification of a DUI on their permanent record.

Breathalyzers have proven more than enough that they cannot be trusted, and they should be completely eradicated from the use by law enforcement officers.

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Pittsburgh DUI Attorney Says – No Refusal of Breath Tests? The Trend Has Already Started

Tuesday, April 19th, 2011

At the Law Office of Michael V. Worgul, we have represented hundreds of clients in Pittsburgh and throughout Pennsylvania in criminal matters and DUI throughout the state.  We have written previously in this blog about the importance of refusing to comply with field sobriety testing and portable breath tests.  These are simply ways for a police officer to build a case against you.  However, there is a new trend in many jurisdictions to eliminate a driver’s right to refuse to submit to breath testing.  If this practice spreads to Pennsylvania, it could have a major impact on the rights of Pennsylvania residents who find themselves stopped for DUI in Pittsburgh or elsewhere throughout the Pennsylvania.  If you are curious how this might happen, you should consider the story below regarding a new oppressive DUI enforcement tactic being used in Texas.

Those travelers who come to San Antonio, Texas for Fiesta should be prepared for the new drinking and driving laws imposed for the 11 days of Fiesta when you cannot refuse to be tested for the amount of alcohol in your body.  Normally, when you are stopped by a police officer, you are asked several questions about how much you had to drink, and you are then given a field sobriety test such as walking a straight line, following a pen with your head stationary, and possibly a field sobriety breath analysis.  All of the evidence the officer discovers during this field test can be used against you in court.  If you wobble when you walk, slur your speech, your eyes shake when you look to an extreme back or forth, up or down, and the results of the breath test in the field.  You at one time could refuse all of the tests and the officer could arrest you, take you to a video room and ask that you perform sobriety tests there in front of a camera.  You could still refuse on tape and have the audio excluded in certain circumstances.

Aside from every weekend in 2011 being a “no refusal” weekend for San Antonio residents and visitors, the law is now that all of Fiesta is a “no refusal” day.  What that means is that you cannot refuse a breath test without being forced into having your blood drawn and tested.  Twenty-four hour magistrates issue warrants on the spot and, you can be forcibly required to have your blood drawn by a nurse.  The current level of alcohol level in your blood that is illegal is .08%, which may mean more than three drinks for a large person or less for a smaller person.  Since the alcohol does not enter your blood by digestion, but by absorption, it may take up to one and one-half hours to fully enter your system.  Just keep that in mind when you come to celebrate Fiesta.

Obviously any Pittsburgh resident considering traveling to Texas for Fiesta should take careful note of this policy.  However, this reflects a growing trend that may well spread to our state.  The issue of alcohol use prior to driving is an important one but so is the slow deliberate fashion in which this battle against drunk driving is eroding the Fourth Amendment Rights of citizen’s not to be subject to unreasonable search and seizures.  For the moment, drivers in Pennsylvania can still say no to field sobriety testing and a portable breath test, but the drum is beating louder for strapping people down and forcibly taking their blood.

If you or someone you love has been arrested for DUI, Michael V. Worgul, an experienced Pittsburgh DUI attorney may be able to help.  We offer a free initial case evaluation so contact us today at (412) 475-9217.

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Fallacies in Pennsylvania DUI Breath Testing: The Effect of Fluctuations in Body Temperature

Tuesday, March 1st, 2011

If you are stopped by a police office for driving under the influence of alcohol, you are likely to be both scared and intimidated.  If you then submit to field sobriety testing and a breath test, the situation may feel hopeless when the officer informs you that you have failed both tests.  The feeling that accompanies failing a breath test supervised by a police officer and being arrested for driving under the influence (DUI) feels little different then a conviction to many people.  The good news is that this is not always true. There is plenty of scientific evidence that can permit an experienced Pennsylvania DUI attorney to challenge the accuracy of breath alcohol tests.

The mere fact that you have been stopped for a DUI and even failed a breath test does not necessarily mean that you are driving under the influence of alcohol.  Something as minor as running a fever can cause a person whom is not over the legal limit to fail a breath test.  A breath test involves the measurement of alcohol in an appropriate sample of breath.  The volume of alcohol in a person’s breath is then multiplied by a factor called the “partition ratio” to convert the concentration measured in the breath to the corresponding alcohol concentration in the blood.  An assumed value of 2100 is used as the partition ratio in most states.  However, this partition ratio of 2100 can differ from individual to individual or differ in a given individual from time to time.  This means that breath tests to determine breath alcohol concentration (BAC) suffer from a major and fundamental weakness in that it is an indirect method of measurement.

The assumption upon which the partition ratio is based can often be false.  For example, body temperature can have a profound effect on the breath partition ratio at the time of arrest.  The partition ratio will increase by 6 ½ percent for every one degree Celsius rise in body temperature. Thirty-seven degrees Celsius (98.6 degrees Fahrenheit) is the normal body temperature of a healthy person, which can vary as much as plus or minus one degree Celsius amongst individuals.  Every individual has a normal fluctuation daily of approximately one percent in his or her daily Celsius temperature range.  A small difference in body temperature can make the difference of guilt or innocence of drunk driving in defendants with a BAC close to the legal limit.

For females, the fluctuation can be even greater if they are on their menstrual cycle. In addition, conditions such as influenza as well as physical or emotional trauma at the time of arrest also can elevate the body temperature. To accurately determine someone’s actual BAC, one must know the person’s body temperature as it can distort the test results.  Because breath testing procedures do not require measurement of body temperature, a breath test can be an inaccurate means of determining a person’s level of intoxication at the time of arrest.

There are those in Pennsylvania who move to enact stronger DUI laws and hand out more severe penalties each year.  Without the proper representation, you could lose your driver’s license, serve jail time and/or end up with a criminal conviction on your record that could severely impact future employment possibilities.  An experienced Pennsylvania DUI defense attorney will carefully investigate any breath testing and other legal and factual grounds for challenging your DUI charge.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943

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