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Resources - DUI


DUI Library - All About DUI

Breath Analysis:
Alcohol is a drug that can inhibit bodily functions and a breath analysis can tell how much alcohol has been ingested into a person's system. Alcohol affects the nervous system - the behavioral results of its influence affects the nervous system and muscles and senses themselves. Depending on how much alcohol a person consumes, the effects can range from a mild sedative to a very heavy anesthetic. At very low doses, alcohol can seem to be stimulating, but as the dose increases the further affects on the nervous system become quite evident with the slurring of speech, the unbalanced movements, a change in sensory perception and the inability to react quickly to any given situation.

When alcohol is ingested, it goes to the stomach and is ingested through the walls of the stomach into the blood stream. The blood stream rapidly carries the alcohol to the tissues of the body depending on the water content of the body. For example, a drink containing 1 ounce of 80% proof whiskey, which contains 0.4 fluid ounces of ethanol is greatly reduced by body fluids and is diluted to approximately 0.02 % blood alcohol concentration depending on the weight of the body. Some of this alcohol is eliminated from the body by way of the liver where alcohol is detoxified and removed from the blood but there is a small potion that escapes this process and is excreted unchanged through the breath, sweat and urine. This is where the breath analysis comes into play and how it can tell if you're driving under the influence or not.

When you are stopped by the law in regards to drunk driving, the officer can use a spectrophotometer to gauge how much alcohol you have had. This can result in charges laid against you and lead to you losing your license or paying a heavy fine. In case of injury or loss of life, it can result in you being charged with manslaughter or murder.

In the United States, when a driver is stopped for a suspicion of driving drunk, he/she is first asked to do a sobriety test. For this, you have to go through a series of movements that will tell the law enforcement if you are under the influence. If you fail this test, then you will have to do a roadside breath analysis, where you will be asked to blow into a Breathalyzer machine. If the reading is above the limit of the law, you will be escorted back to the police precinct where a law enforcement specialist will test you. This could mean a series of breath analysis at different periods of time. If at this time, you are deemed to be impaired, you will be escorted to jail to await a judge. You will need someone to post bail for you and a time is set for your appearance on the charge of drunk driving.

When your court day arrives the Breathalyzer results will be used in your court case to prove that you were drunk while operating a vehicle and subsequent charges will be laid. Keep in mind that although a breath analysis is very accurate, the results can be wrong in certain circumstances. This can have a bearing on the outcome of your case depending on your circumstances.

The breath analysis is used in many court cases and in most cases the results are very successful. However, there are times when it cannot prove positively that you were driving drunk. The results could be affected by existing medical conditions you may have and medications you may be taking because of a medical condition. Breath analysis is one way of keeping the highways free of people that are irresponsible enough to drive when under the influence and keeps people that don't safe from the ones that do.


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Disclaimer:
The State Bar of Nevada does not certify any lawyer as a specialist or expert. Sprenz & Associates provides this Web site for informational purposes only. It should not be construed as creating an attorney-client relationship and should not substitute for legal advice and counseling. While we hope you find the information contained in this site helpful, this Web site is general in nature and is meant to pertain to the laws of the State of Nevada. While the Internet crosses State and National boundaries, this site is for informational purposes only and does not constitute the practice of law in Nevada or in any other State. Do not rely on the information in this site in lieu of consulting an attorney, because it is not legal advice. Communication through e-mail or this site does not create an attorney-client relationship.

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