It has been been estimated that a large percentage of people driving a car on Saturday night might be driving with a blood alcohol content over the legal limit. Suppose you have had a few glasses of wine at a restaurant and then drive home. Suppose a police officer pulls you over for a traffic offense and detects an odor of alcohol. The officer might ask you to step out of the car and give you  a field coordination test. If the officer determines that you may be intoxicated, you will be taken to the precinct for further testing. Once at the precinct, the officer determines if your blood alcohol content (“BAC” for short) is over the legal limit. You will then be placed under arrest and is charged with drunk driving. How did the police determine the blood alcohol content of the driver? How can you know the result was accurate?

There are usually two ways to determine the blood alcohol content of a person. The more accurate way is to physically take out the person’s blood and send it to a lab. The more common way, however, is to give them a breath test.

There are ways to try to compute your blood alcohol levels based on a number of factors. Source: Computing a BAC Estimate. Driving under the Influence October 1992. U.S. Department of Transportation

This BAC calculator can only estimate your blood alcohol levels. Metabolism, body fat percentage and medication are other factors that can affect the rate of absorption by the body, and these are not considered in this calculation.

Blood alcohol content (BAC) or blood alcohol level is the concentration of alcohol in the bloodstream. It is usually measured as mass per volume. For example, a BAC of 0.04% means 0.4% (permille) or 0.04 grams of alcohol per 100 grams of individual’s blood. Use the HealthStatus BAC Calculator for informational purposes only, and not to drink and drive or drink and work.

Every state in the U.S. has a legal Blood Alchohol (BAC) limit of 0.08% per se. Most states also have lower legal BAC limits for young and inexperienced drivers, professional drivers and commercial drivers. Sentences for drunk driving include imprisonment, large fines, lengthy drivers license suspension and/or revocation, house arrest, community service, DUI schools, alcohol treatment programs, vehicle forfeiture and ignition interlock restrictions.

Important Note: There is no blood alcohol calculator that is 100% accurate because of the number of factors that come into play regarding the consumption and reduction (burnoff) rates of different people. Factors include the sex (male/female) of the drinker, differing metabolism rates, various health issues and the combination of medications that might be taken, drinking frequency, amount of food in the stomach and small intestine and when it was eaten, elapsed time, and others. The best that can be done is a rough estimation of the BAC level based on known inputs.

If the police department has calculated your BAC using a breath test, the results may be challenged based upon the methods used. However, only an experienced criminal defense attorney should be consulted who is familiar with the equipment and methods used in your area.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Many people think that possessing a small amount of marijuana is “no big deal” these days. What do you think about loosing your drivers license for 2 years? Is that a big deal?

The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to one year in jail or one year probation, and a $1,000 fine.

A conviction for misdemeanor marijuana possession will result in a two-year driver’s license revocation, in addition to a likely term of probation. If a probationary sentence is imposed, the defendant will be subjected to intrusive random drug testing and be responsible for paying costs of supervision, court costs, fines, costs of prosecution, and completing all other terms and conditions imposed by the court. A failure to complete any one of these conditions, or a failed drug test, or a missed drug test, will result in a violation of your probation, the issuance of a warrant for your arrest, and a likely jail sentence.

Other penalties for possession of marijuana in Florida include the following:

• Mandatory driver’s license revocation (upon conviction);
• Ineligibility for some government employment;
• Ineligibility for Bright Futures Scholarships and other forms of State financial aid;
• Interference with State licensing, permitting, and certifications without completion of an approved drug treatment program;
• Ineligibility for public housing;
• Interference with employment prospects and college applications;
• Damage to reputation.

Defense against Marijuana Possession

Although the facts of every case will differ, cannabis possession is a highly defendable criminal charge.

The first angle of attack in a marijuana possession case is to challenge the legality of the search, detention, or traffic stop that led to the arrest or Notice to Appear. If appropriate in the case, this is done through the filing of a Motion to Suppress Evidence. A Motion to Suppress is a legal challenge to the constitutional validity of a law enforcement officer’s actions. Where police act unlawfully, any evidence they derive as the “fruit” of their illegal actions will be excluded from evidence under the Fourth Amendment “exclusionary rule.”

Thus, if a Motion to Suppress is granted, this may deprive the State of Florida of critical evidence (including the cannabis itself) needed to prove the case. Without the required evidence, the case will be dismissed, dropped, or the defendant acquitted.

To be safer, don’t be in possession of Marijuana. However, if you do get arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.