Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men. Scientific studies in both Italy and in Cananda suggest that there are additional differences between alcohol metabolism that raise even more questions about the validity of the tests and the testing equipment used by police.
One of the more interesting findings of the Canadian study suggests that birth control pills produce an enzyme that most Breathalyzer test machines will interpret as blood alcohol content. You can read more about this study in an article entitled "Do DUI Laws Discriminate Against Women?" If you use oral contraceptives, make sure to tell me so we can discuss whether this factor might be an element in your defense.
Filed under Intoxilyzer 5000 issues, Trial issues by on Aug 18th, 2006. 7 Comments. 
I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I’m not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess.
Is there any way to take care of my Cobb County DUI without having to appear in Court. If not, is there any way to schedule my hearing first thing in the morning or in a Judge’s office?
Answer: All DUI’s must be disposed of in open Court. If you do not want to personally appear, you can give your lawyer a Power of Attorney to handle your plea in your absence, including paying your fine and getting your probation set up. However, the first DUI sentence often requires the Defendant to serve a minimum of 24 hours in jail.
Filed under Pre-trial actions, Punishment issues, Trial issues by on Mar 9th, 2006. 1 Comment.
What is the difference between the “Breathalyzer” and the “Alcosensor?” Is there is any realistic way to challenge these machines?
Answer: The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover. The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood. The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood. Remember, there are good challenges to both testing devices.
Filed under Arrest issues, Trial issues by on Mar 6th, 2006. 3 Comments.
I am 19 years old and was arrested for DUI. They didn’t take a blood test but I had been drinking some at a friend’s house.
Should I plead guilty? What’s the worst that can happen to me? Would you recommend that I ask for a trial?
Georgia DUI blog asked Marietta DUI lawyer Guy Sharpe to respond to this question. Guy’s response: There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations. I will address some of the obvious.
- Do you feel that your actions when arrested will cause others to think you are under the influence? After all, some people are more easily affected by alcohol than others.
- Do you think you did well on the field sobriety tests? If yes, that’s good.
- Did you take a breath or blood alcohol test? If so, what was the reading. The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit. In that case, the cop was a cowboy and we got the case dismissed and record expunged.
Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI. The most important thing you can do is employ the services of an experienced DUI attorney.
I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations. If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.
Filed under Punishment issues, Trial issues by on Mar 3rd, 2006. Comment.
It is important to get the opportunity to view the videotape of the arrest to allow the defendant to see if the officer’s testimony is consistent with the videotape. Too often the officers embellish the facts and the videotape will show what actually happened. I have had cases where the judge agreed that the officer’s testimony was inconsistent with the videotape and ruled that the officer did not have probable cause to arrest my client.
Filed under Trial issues by on Mar 3rd, 2006. Comment.
