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Archive for the 'Fight-A-DUI' Category

Pennsylvania Police Hit Record for DUI Arrests

Tuesday, December 5th, 2006

With the weekend arrest of a woman who critically injured a pedestrian while driving under the influence put the State College police above the record of 430 nighttime DUI arrests in a year, with a month of holidays to go. The arrest of Katherine Applegate (23) - who was driving a Ford Explorer with a BAC of .208, twice the legal limit, when she hit pedestrian Michael Drauch (18) - tied the department’s record set in 2003.

The department did not explain the increase in arrests, but speculated it could be either more people driving drunk, increased enforcement by police, or some combination of the two factors.

DUI Suspect Granted Bond After Fatal Crash

Tuesday, December 5th, 2006

Steven Edward Latham, 29, of Conway SC, was granted a $120,000 bond Tuesday after being arrested Sunday for two counts of felony DUI and a violation of the seat belt law following a crash that killed Porter Lee Richardson (39) and his wife Donna (38).

Latham, driving a Chevrolet Blazer, is accused of disregarding a traffic light and hitting a Chevrolet Malibu at 7:30 a.m. last Thursday. Porter Lee Richardson, 39, and his wife, Donna Richardson, 38, of Conway, were riding in the Malibu and were both killed in the crash.

Latham was flown from the scene of the accident to the Medical University of South Carolina, officials said. It was unclear how much time he spent at MUSC, because his identity was not available until Monday.

The Richardsons had just dropped off Porter Richardson’s son at the outlet stores before the crash.

Senior Trooper Sonny Collins with the Highway Patrol said authorities would not release any more information, including the results of any blood-alcohol tests, until Latham’s case goes to court.

DUI suspect had badge issued by CA Assemblyman Dymally

Tuesday, December 5th, 2006

The LA Times has a DUI-related article on a Compton man arrested Monday for flashing an official-looking state badge issued by Mervyn Dymally. The suspect, Pirikana Likivu Johnson (27), attempted to flash a badge identifying him as an Assembly commissioner when he was confronted earlier this year by Redondo Beach police. When he became belligerent, he was arrested and found to have a blood-alcohol level 0f 0.10%.

“This isn’t a simple DUI,” Redondo Beach City Atty. Mike Webb said Monday. “You have a situation where somebody is allegedly using a badge and falsely identifying themselves to get special favors and special treatment.”

Officers were unfamiliar with the title but arrested Johnson on suspicion of drunk driving and released him pending an investigation. State officials said there was no such title as Assembly commissioner.

Johnson did not respond to telephone calls and visits to his Compton home seeking comment earlier this year. On Monday night, he was being held in the Redondo Beach City Jail in lieu of $60,000 bail on charges of impersonating a state official, driving under the influence of alcohol and driving without a license.

Dymally’s office issued more than a dozen of the metal badges — which are emblazoned with a likeness of the state Assembly seal and the words “California State Assembly Commissioner” — to donors and constituents. Some recipients said they received the badges after making donations.

Dymally, 80, a Democrat from Compton, was in Sacramento on Monday to be sworn in for another term in the Assembly and declined through a spokeswoman to comment on the case. But in interviews earlier this year, he called the credential “a nothing badge” and said such honorary shields are commonplace.

“The possession of these badges is not an illegal act,” he said. “If it is, then arrest everybody. Arrest some white people too.”

 

Number of DUI charges for prescription drugs increases

Friday, November 10th, 2006

The Orange Leader has an article noting an interesting trend in recent DUI arrests:

“There has been an increase of DUI versus DWI because of an increase of people being on prescription medication,” said Sgt. L.L. Claybar of the Orange Police Department.

The story includes a number of specific incidents, including a woman on Hydrocodone, Alprazolam, and Carisoprodol, a combination which will clearly impair your ability to operate a moving vehicle. However, Sgt. Claybar notes that prescription drugs haven’t replaced alcohol entirely:

“Some may be more medicinal then drunkenness, but we are still seeing a fair amount of those that are intoxicated by alcohol,” Claybar said.

 

 

DUI passenger struck, killed after car towed

Friday, November 10th, 2006

The Mohave Daily News has an article about the death of Dustin Shamblin, 21, who was struck and killed on Highway 95 as he walked home following the DUi arrest of a friend.

In the early morning hours of Oct. 29, Dustin William Shamblin, 21, was walking northbound in the right lane of Highway 95 between Hulet and Jerome avenues when he was struck and killed, an Arizona Department of Public Safety report stated.

Shamblin and Regina Guarisco, 20, of Fort Mojave attended a Halloween party and were on their way home when Guarisco was stopped and arrested by sheriff deputies for misdemeanor driving under the influence, driving under the influence with a blood alcohol level more than 0.08 percent and possession of drug paraphernalia.

Guarisco was taken to county jail and the car towed leaving Shamblin, who was also intoxicated, alone on the roadway.

Police note that their policy prevents them from driving passengers home, though they apparently offered to call for a ride.

Trial move denied in fatal DUI crash

Wednesday, October 25th, 2006

The Chicago Tribune has news on their latest DUI trial, John D. Homatas [25], who is accused of killing 8 1/2 month pregnant April Simmons [27]:

KANE COUNTY — A Wayne man accused of killing a friend and a woman who was 8 1/2 months pregnant in a January drunken-driving crash lost a battle Tuesday to move his trial from Kane County.

But Ogle County Judge Kathleen Kauffman, who has been specially assigned to the case, said the defense could request again to move the trial if finding unbiased jurors proves difficult.

Drunk Driver who killed Malik Sealy arrested again

Wednesday, October 18th, 2006

ESPN has an article today about Souksangouane Phengsene, 50, who was arrested early Sunday and charged with felony drunk driving. What makes this case notable is that six years ago, Phengsene was driving the wrong way on Highway 100 in Minnesota when he hit 30-year-old athlete Malik Sealy, killing him, and was convicted of felony criminal vehicular homicide due to his BAC of 0.19. This is his third DUI/DWI arrest, having been convicted of DWI in Iowa in 1997.

 

DUI Charges Dismissed After Legal Error

Wednesday, October 18th, 2006

A legal blunder by the prosecutor prompted a judge Monday to dismiss DUI charges against a Centre Hall man. 

David Baird Jr., 39, of 351 Greens Valley Road, had been charged with DUI and a summary following an arrest earlier this year. Police said he had a blood alcohol content of .30 percent, more than three times the legal limit to drive in Pennsylvania.

However, during his trial Monday, Centre County Assistant District Attorney Lance Marshall failed to ask a police witness to identify Baird as the defendant.

Defense attorney Phil Masorti, realizing Marshall’s error, asked for and was granted a dismissal of the charges by Centre County Judge Bradley P. Lunsford.

Baird cannot be retried.

Factors of Intoxication: What Influences Your BAC, Ability To Drive

Thursday, October 12th, 2006

Alcohol effects everyone differently, and often times effects individuals differently depending on the conditions of their drinking. Clearly, many factors play a role in how drunk one gets, and what their BAC may be after a round of drinks. This article will attempt to explain many of the factors, and hopefully help you understand why things are the way they are.

 Alcohol Absorption Into The Body

Alcohol is a complex substance, absorbed from all parts of the GI tract by simple diffusion into the blood. If food is present in the stomach, the alcohol will be absorbed primarily by the intestines rather than the stomache, resulting in a lower and delayed BAC peak. The larger the meal and the closer in time between eating and drinking, the lower the peak BAC - studies have shown that anywhere from a 9% to 23% reduction over drinking alone. The type of food has not been shown to have any measurable influence.

Drink strength has also been shown to affect absorption, with drinks below 10% and 30% being absorbed most rapidly. Drinks less than 10% are less concentrated and more difficult to absorb due to literal volume of alcohol, while drinks over 30% tend to irritate the GI tract linings, causing increased mucous and delayed absorption. As was the case with food, the delayed absorption will cause a later peak, though in this scenario, the increased drink strength will not cause a small peak BAC, but will just push it back in time.

Distribution Throughout The Body

Alcohol is carried through the body in the blood, with an equilibrium eventually being reached such that all points in the system contain an approximately equal concentration of alcohol. The concentration differs, though based on a number of factors. Because alcohol has a high affinity for water, it tends to accumulate in body tissues and fluids in proportions related to the amount of water they contain. In the human body, this is generally proportional to body fat. In general, a person with low percentage of body fat will have a lower BAC than a person with a higher percentage body fat.

In general, women tend to have a higher percentage of body fat and, consequently, will have higher BAC for the same number of drinks. This is a generalization, and does not hold true for a woman who may be very fit, or a man who is somewhat obese. Similarly, for people of the same weight, a person with higher muscle mass will be less effected than a person with more body fat.

The issue of body fat is generally secondary to issues of total body weight. One’s BAC is generally based on total concentration - the total amount of alcohol divided by the total body water. A larger person will generally have more body water, which will cause a lower concentration, and a lower BAC.

Removing Alcohol From The Body

The liver is the primary organ for removing alcohol from the blood, removing over 95% with the rest leaving through breath, urine, sweat, feces, and saliva. Healthy people metabolize alcohol at a fairly consistent rate - generally about one drink per hour. Several other factors can influence this rate, and this rate tends to increase as the BAC is either very high or very low.

Two types of tolerance also come into play with alcohol - metabolic tolerance and functional tolerance. In metabolic tolerance, the liver reacts to greater consumption by producing more alcohol dehydrogenase - the enzyme that metabolizes alcohol - which can result in significantly faster metabolization. Metabolic tolerance is responsible for up to 72% more alcohol being eliminated from the system of a habitual drinker than an average drinker, but also contributes to the destruction of the liver. Functional tolerance allows a body to seem less intoxicated than a person with lower tolerance, causing a heavy drinker with a high BAC to seem less intoxicated than an average drinker with a much lower BAC. However, laws in most states consider the BAC as the primary evidence in DUI and DWI charges, causing a seemingly functional person to be guilty of a DUI for violating the legal limit even when the body seems to handle the alcohol.

Finally, while unexplained to date, studies have shown that women eliminate alcohol from their bodies at a rate nearly 10% higher than average men. However, this faster elimination rate is secondary to the higher general BAC women are likely to experience due to factors above.

Other Factors: Drugs, Fatigue, Health

Because alcohol is a depressant, any depressant drug will increase the effects of alcohol by as much as 10 times, and other drugs may cause unpredictable interactions (such as damage to the stomach lining and decreased blood clotting when alcohol is mixed with aspirin and liver damage when alcohol is mixed with acetaminophen).

Fatigue causes many of the same effects as intoxication, causing symptoms to be amplified or confused. Additionally, your liver is less efficient when overly tired, so drinking the same amount of alcohol will result in a higher BAC than when you’re rested.

When ill, most people suffer from some level of dehydration. Dehydration has a number of side-effects that cause a higher BAC - primarily, less water in the body causes the same amount of alcohol to create a higher concentration, causing a greater intoxication, and higher measurable BAC. Also, dehydration can decrease the efficiency of your liver, causing a higher and longer BAC peak than if you were not ill.

Estimating your BAC: How Much Can You Drink?

Thursday, October 12th, 2006

Virginia Tech has some useful information for estimating your BAC to help you determine how much alcohol you have likely consumed, so that you can know when to stop, or when not to drive. Remember: the easiest way to fight a DUI is not to get arrested in the first place. Lots of charts focus on the number of ‘drinks’, but everyone knows that not all alcohol is created equal. Some beer has more alcohol than others, hard alcohol varies greatly in alcohol content. So, the first step in estimating your BAC is to figure out how many “standard drinks” you’re likely to have.

First, some helpful pictures:

Alcohol By Drinkpercentlarge.gif

 First, figure out how many “standard drinks” you’re likely to have (based on the left tables above - for example, a 1.25oz shot at 50% alcohol is 1.25 standard drinks) , then use the table for men and women to see how many drinks your body type can handle.

Remember: other factors can change your BAC, so use common sense. If you haven’t eaten, or are on medications, or using various drugs, your BAC may react differently than the charts indicate.