Alcohol Permits

A new law provides for the issuance of a one day permit authorizing the sale of alcoholic beverages.  This new legislation is aimed at the needs of civic, religious, educational or veterans organizations and the annual events held by each. In prior years, such events were "dry", or at times in violation of State and local alcohol beverage regulations. The legislation recognized that such organizations and the public were better served by regulating temporary permits than by having technical violations of the law overlooked by local police.

The legislation calls for a permit fee that will be, in most cases, under $100.00.

Drunken Driving and Medications

A recent move underway in the state seeks to lower the standard for charging a driver with driving under the influence of alcohol.  Under this change, the legal limit would be lowered from the present .1 to .08 blood alcohol level. While the debate continues whether this change should occur, most drivers are concerned that they adhere to the law in whatever form it takes.

A recent article in the Journal of American Medical Association reports studies that have shown anti-ulcer medications such as the brand name medications Zantac and Tagamet can inhibit the enzymes that break down alcohol.  This can result in an increase of up to 92% of blood alcohol readings when a patient is taking these medications and drinking alcohol.  Two drinks can show up on a breathalyzer as the equivalent of four drinks.

Patients should discuss this effect with their doctor prior to consuming alcohol while taking ulcer medication.  Clients charged with drunken driving should also be certain to advise counsel of all medication they may be taking at the time of arrest since there are a variety of drugs that affect the reading by the breathalyzer machine.

RIGHT TO INDEPENDENT BLOOD WORK

When arrested for a DWI violation, an individual has a right to have independent blood work conducted by a hospital or doctor. The right to independent blood work as a potential defense for the DWI arrest is extremely important.

Blood Alcohol Content (BAC) based upon a blood sample is far more accurate and reliable than BAC based upon the use of a breathalyzer.

The arresting police officer has an obligation to inform you of your right to request an independent blood sample. Further, the police officer must provide access to transportation. This may consist of allowing the individual to call a relative or to call for a cab on behalf of the Defendant. The police officer is not required to extract a blood sample or, under normal circumstances, to provide actual transportation to the hospital or doctor for the independent blood test. However, if the department has a specific procedure to handle a request for an independent blood test, the department is required to follow that procedure.

Having knowledge of your rights is one of the most valuable assets a defendant has in preparation of their defense to a DWI charge. If you been arrested immediately contact an experienced attorney to have your case properly prepared for trial.

The independent blood work is a very valuable defense for an individual and whenever possible should be requested. If possible, an individual should request to have transportation provided for independent blood work during the videotape sequence of psycho-physical examinations and breathalyzer given at police headquarters.