I have listed a few recent articles on other DUI Attorney websites of interest to readers of this website.
New York Attorney Anthony Colleluori, also known as "That Lawyer Dude", wrote an informative article entitled "Drinking and Driving Does Not Equal Driving While Intoxicated." He notes that in America the anti-alcohol lobby has done an excellent job of telling Americans, wrongly of course, that if you drink and drive, you're guilty of Driving While Intoxicated. This article helps to dispel this myth. Note, in Kentucky, Attorney Colleluori's article would not apply to drivers of commercial vehicles.
Attorney J. Matthew Guilfoil, the Managing Member of The Guilfoil Law Group, LLC, wrote an interesting article on retrograde extrapolation and the defense of rising BAC entitled "The Defense of “Rising BAC” or Rising Blood Alcohol Content in a Driver’s License Suspension Hearing in a Missouri DWI Case and “Retrograde Extrapolation”".
Another article well worth reading is by Texas DUI attorney Jamie Spencer, entitled "Is Refusing The Breath Test Consciousness Of Guilt In A DWI" (DUI). Mr. Spencer discusses how in Texas a person arrested for suspecion of driving under the influence is asked to provide evidence against themselves AFTER arrest by blowing into an Intoxilyzer breath test device under the theory that you they will be released if they blow under 0.08 BAC. However, Mr. Spencer states that when folks blow “under the legal limit”, the State proceeds on the alternate theory that they had lost the normal use of their mental and/or physical faculties - despite being under the “per se” limit of .08. Attorney Spencer goes on to ask the rhetorical questions of 1) isn’t refusing to take the Intoxilyzer actually evidence that you have not lost the normal use of your mental faculties? and, 2) if so, then why would anyone submit to an Intoxilyzer test unless they’ve literally had nothing to drink in the last twelve to twenty four hours?
Post by Lexington Kentucky DUI Attorney Stephen J. Isaacs, Isaacs Law Office.
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A valuable legal resource that covers DUI.
Posted by: Aiesha Akaisha | October 27, 2010 at 10:57 AM
Thank you for help spreading the word, amazes me how the terms are constantly seen as the same thing.
Phoenix DUI Attorney - Law Office of Michael Define
Posted by: Michael DeFine | April 02, 2007 at 06:32 PM