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"Volumes might be written upon the impiety of the pious."--Herbert Spencer
You Are Drunk
You are stopped at a police roadblock.
According to the law you are drunk if:
You were driving safely. No probable cause. No accident. No death. No traffic ticket.
You pass the Balance and other Field Sobriety tests
You pass the Visual Observation tests
breath test registers .08 BAC
The breath machine is calibrated to a 2100:1 - blood/breath ratio. This is accurate for less than 10% of the population. Most people have ratios between 1300:1 and 3500:1 depending on their body chemistry. This leaves about 40 percent of the tests reading lower than the actual alcohol level and about 40 percent higher. What is your ratio? Don't know? Don't be embarrased, the person operating the breath machine doesn't know either.
If you fail the breath test, ask for a blood test if you think their machine was "biased". You have that right. Only then will you have a saved sample, if you need to go to court.
Join 1.7 million other Americans arrested last year, most of whom were moderate drinkers who caused no injury, death or property damage. You will be treated the same as the dangerous drunks with BAC levels above .14. These deadly drunks account for most of the deaths although they make up only a tiny fraction of the total arrests.
Penalties vary by state. Although the maximum sentences are much greater, usually first offenders get 2-30 days in jail, $300-1000 fine, 12 month license suspension, mandatory AA or MADD meetings, Loss of job? (cant drive), higher car insurance costs, marital & societal pressures.
IF IT AINT GOOD ENOUGH FOR ALABAMA .In the late 1990s, the State of Alabamas own state lab conducted experiments on the Intoxilyzer« 5000 devices then in use across that state. Their findings, basically showing that substantial error (plus or minus 25%) in the readings could falsely accuse a driver who had an elevated breath temperature (due to a variety of causes) led to Alabama abandoning the Intoxilyzer« 5000, and installing (at tremendous replacement cost) the new German machine by Draeger« which measures the breath temperature and adjusts the reading DOWNWARD (in favor of the test subject) when the body temperature is higher than normal. Other states [e.g., NY, NJ, WI] have also dropped the Intoxilyzer« (or Breathalyzer«) in favor of the Draeger« machine, or the EC-IR«.---DrunkDrivingDefense.com. This site features much information on DUI and the law.
We will not allow a man or woman to leave [a roadblock] knowing they consumed alcohol"---Chief William B. Berger, former president of the International Association of Chiefs of Police. Quoted from The Anti-Drunk Driving Campaign: A Covert War Against Drinking, by Charles V. Pe˝a
There are nearly one billion drinking and driving trips annually this crime will not be tolerated.---NHTSA Administrator Jeffrey W. Runge. Quoted from The Anti-Drunk Driving Campaign: A Covert War Against Drinking, by Charles V. Pe˝a
"It has been my experience that folks who have no vices have very few virtues."---Abraham Lincoln