California DUI defense lawyer Lawrence Taylor cites several fascinating studies in his DUI blog suggesting that how you breathe can dramatically impact the blood alcohol reading generated by a breath test. For example, holding your breath for 30 seconds increased the blood alcohol content of your breath by over 15%. Hyperventilating for 20 seconds decreased the BAC by 10%.

In his post about breathing and breath tests, Attorney Taylor also cites a research study by a University of Washington Professor of Physiology who found that the last part of your exhalation has a higher alcoholic content than the first part, meaning that a police officer's command to "blow harder" may very well result in a higher BAC reading on the breath test.

Georgia Courts have long rules that arrest scene breath tests are not admissable evidence. Mr. Taylor explains the science behind the reasons breath tests are flawed in another post on his blog. It would be interesting to know the psychological impact that a failed breath test has on a defendant's subsequent decisions to admit to alcoholic consumption or to not assert his other available rights.

In a gesture of appreciation to his fellow criminal defense lawyers, Guy Sharpe has published his Motion for Full Information on the Intoxilyzer 5000. Guy states that he frequently receives calls about this Motion and he has released it to the DUI defense community as a "thank you" to the many DUI and criminal defense lawyers throughout the State who have generously shared their expertise with him.

This Motion is for the use of criminal defense lawyers only and carries with it no warranties or guarantees of any kind. Attorneys who use or modify this Motion do so at their own risk.

Technorati Tags: DUI Motion, Intoxilyzer 5000 discovery motion, Guy Sharpe

Guy, my 19 year old son was stopped last weekend in Fulton County and taken to jail. He has been charged with DUI, reckless driving, speeding and several other charges. I am scared to death that this mistake will follow him the rest of his life. Will this affect his college admission? job possibilities? What is the possible punishment?

Guy Sharpe's response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.

Technorati Tags: Georgia DUI, Georgia DUI under 21, DUI sentence, DUI punishment

Guy, I am scared to death. I drive a truck for a beer distributor (!) and I got a DUI about two weeks ago (I was not on the job but my employer has a rule that if I am convicted of a DUI, I get fired). Can you help me?

Guy Sharpe responds: Most people who drive trucks for a living have a CDL (commercial driver’s license), and depend on their license to earn a living. I have successfully represented numerous defendants with commercial driver’s licenses and can help you keep your license so you will not lose your job.

Guy – 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 me 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, and I will not do that for you.  You'll have to do the jail time.

Guy, I know that you are a DUI lawyer and I hope you will be honest with me. How do I choose the right DUI lawyer? How much experience is really necessary? What questions do I ask? When should I hire my lawyer? And finally, are there situations where it just doesn't make sense to spend the money on a lawyer? I know that's a lot of questions but I hope you will answer…

Answer:  I'm sure that many people ask themselves the same questions.  You should get the best lawyer you can afford to represent you and do it as soon as possible, since your license may be suspended if you do not ask for a hearing within ten business days from the date of your arrest.   I would not represent myself if I were to be arrested for DUI as there are things a lawyer can do for you that you can not do for yourself, and if you try to do things for yourself, remember that everything you say will be used against you.  The old saying, "a person who represents himself has a fool for a client", comes to mind and it is true.

If I am guilty of DUI how can a lawyer like you help me. Why should I spend the money on a lawyer?

Answer: You are assuming that you know the law and whether or not the officer did everything that he should have done when arresting you. The most important thing to remember is that the burden of proof is on the state, not you. An experienced DUI attorney can review your case and determine whether or not you have a good defense and if the state can prove its case beyond a reasonable doubt. There are strict legal requirements that the state must meet in order to prove you guilty. Don't make the mistake of assuming that they can do it all. There are some very good legal challenges to field sobriety tests and breath testing equipment. A good DUI lawyer will know these and be able to help you defend your case.

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.

How long does a DUI stay on my driving record? Does it count as a second DUI if I got my first one 10 years ago?

Answer:  DUI is a criminal offense and will stay on your criminal record forever.  Every DUI you receive throughout your lifetime will be on your record.  I recently represented a gentlemen on his 7th DUI, and all prior 6 offenses were in the 1960's, forty years ago.  For the purposes of sentencing, the law goes back for 5 years.  In other words, if you receive 2 DUI's in the past 5 years, then the sentence will be greater, as required by law.

I am 19 and got arrested for DUI. Is the judge going to tell my parents about this?

Answer:  That's up to the judge.  The law does not require it, but many judges will prefer that you have your parents with you when you finish your case, especially if you are still living at home and depending on your parents for food and shelter, and usually payment of the fine.