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At a time when Washington State is trying to crack down on drunk drivers by passing a bill to allow sobriety checkpoints, hundreds, if not thousands, of driving under the influence cases could be affected in a ruling made last Wednesday by a panel of three King County judges.

The ruling in question was made because of problems with the state’s toxicology lab: the judges cite mistakes such as discarding data, entering incorrect data, bad software, and logs that were not properly completed. This is in addition to allegations that the lab manager, who was supposed to prepare the alcohol samples, did not.

In the judges’ 29-page ruling, they state that the Washington State Toxicology Lab had so many “ethical lapses, systemic inaccuracy, negligence and violations of scientific principles” that breath tests should be suppressed as evidence in upcoming DUI cases.

The judges further allege there is no way of knowing whether the thousands of breath tests given from 2003 to 2007 are accurate.

Some Washington defense attorneys believe this is more than making simple mistakes – they call the actions at the lab fraudulent, citing a complete disregard for accuracy.

Due to the credibility issues with the state’s lab, many prosecutors are dropping breath tests as evidence when going to trial. They must instead rely on other evidence such as blood tests or the arresting officer’s testimony on the defendant’s driving and actions.

Prosecutors in King County agree that with the 40,000 breath tests given every year in the state, there could be thousands of cases affected, but that does not necessarily mean that DUI charges will be dropped completely.

It is not known yet how many people who have been convicted of driving under the influence will be able to go back and have their cases re-opened.

This is not just a problem with Washington State. A 1995 study published by the Journal of Forensic Sciences analyzed tests that were administered by the Forensic Sciences Foundation and Collaborative Testing Services during the accreditation process. It found that the rate of incorrect matches between evidence and reference samples exceeded ten percent.

Many call for a governmental agency to watch over forensic labs to make sure they are doing their job accurately. Today, when evidence goes to a lab, it is unlikely it will be examined by another lab or facility, thus increasing the amount of mistakes that will go through undetected.

Do you think there should be an agency to watch over forensic labs?

When you think of New Year’s Eve, you probably think of Time Square, parties, and champagne. This is the time when we gather with friends to celebrate and count down the minutes until the New Year.

While this is a time of new beginnings, it can also end in tragedy if we don’t act responsibly. New Year’s Eve is a dangerous night because of the increased number of impaired drivers who are out on the road. Law enforcement agencies across the United States will be on the lookout for drunk drivers throughout the night.

Driving under the influence can lead to many consequences, such as arrest, accidents, and possibly death. 

Fortunately, there are several steps that you can take to keep the roads safe this New Year’s Eve. They include:
· If you are planning to drink alcohol at your New Year’s event, designate a sober driver before going out and give them your keys.
· If you think you’ve had too much to drink, call a taxi, use mass transit, or call a sober family member or friend to pick you up and get you home safely.
· If you do drink, do so responsibly. Get plenty to eat, alternate between alcoholic and non-alcoholic drinks, and make sure you limit the amount of alcohol you consume.
· Make sure to wear your seatbelt – it is the best defense against other impaired drivers.

Party hosts can also help to keep the roads safe. Serve lots of food, especially high protein dishes, and make sure there are plenty of non-alcoholic drinks and coffee on hand. If you notice that one of your guests is inebriated, be sure to arrange a sober ride, or call a taxi, to ensure that he/she makes it home safely.

It is important that we keep the roads safe so everyone can start off the New Year on the right foot.

What are some other tips to keep the roads safe this holiday season?

Are you ready for the holiday season? The holidays are full of parties, family get-togethers, and of course, ringing in the New Year. For many, celebrations and alcohol go hand in hand. Because of that, law enforcement agencies will be out in full force with road blocks, to make sure that drivers do not drink too much and drive.

For many police departments, the holidays are the best time to step up their anti-drinking and driving campaigns. This year is no different. Research shows that frequent highly publicized and highly visible roadblocks reduce alcohol-related crashes by 18 to 24 percent.

What exactly is a roadblock?

DUI roadblocks, or sobriety checkpoints, are temporary installations used by police departments to catch drivers who are under the influence of alcohol or other substances. Officers can use a portable breath test to determine the driver’s blood alcohol content, or look for signs of impairment. If the officer determines the driver is impaired, he/she may ask the driver to exit his/her vehicle and take a field sobriety test.

There are some groups who believe that law enforcement agencies will catch more drunk drivers with roving patrols than sobriety checkpoints. While this may be true, some officers believe that roadblocks are important. Checkpoints let agencies hand out brochures about safe driving, as well as make sure that drivers are properly licensed.

Having a heavy police presence around checkpoints also deters people from driving after having too much to drink.

Across the country, law enforcement agencies must follow guidelines on conducting sobriety checkpoints. These guidelines were established by the National Highway Traffic Safety Administration.  One of the guidelines includes using a neutral formula, such as every driver or every fifth driver, to determine who should be stopped. The decision to conduct a sobriety checkpoint must be made by supervisory officers, rather than officers in the field.

It is important to know that while you may turn around to avoid a checkpoint, there are often patrols near by looking for drivers who show signs of impairment. So be safe this season – if you are afraid that you had too much to drink at the office Christmas party, call a cab or look for alternative transportation.

Do you think that DUI roadblocks are effective around the holidays?

It seems like anytime you turn on the television, glance at a tabloid, or read your favorite entertainment blog, another celebrity has been arrested for driving while under the influence of alcohol or drugs.

In recent years, there has been an unending parade of stars who choose to drink alcohol and then sit behind the wheel of a car: Paris Hilton, Lindsay Lohan, Haley Joel Osment, Rip Torn, Tracy Gold, Michelle Rodriguez, and Mel Gibson, just to name a few.

In 2006, Nicole Ritchie was also arrested for DUI, though not for drinking alcohol. Ritchie was reportedly taking vicodin and smoking marijuana the night that she was arrested for impaired driving. While driving home after a late movie, she missed a turn and ended up going the wrong direction on the freeway. However this was not her first DUI – Ritchie was arrested in 2002 with a blood alcohol content level of 0.12 percent.

Actress Rebecca De Mornay is the latest star to make headlines. She was arrested on suspicion of drunk driving after a routine traffic stop in Beverly Hills. The officers immediately detected the odor of alcohol after pulling her over. According to police, her blood alcohol content level was 0.09 percent – slightly above the legal 0.08 limit.

There are now websites devoted to “celebetting” – betting on the next celebrity most likely to be arrested and charged with a DUI. According to one of the sites, the recent slew of high profile arrests has sparked a tremendous interest in DUI odds.

When ordinary people drink and drive, there are many bad things that can happen. The penalties for a DUI range from time in prison and probation, to fines and driver’s license suspension. It is entirely possible for a person to lose their job after being convicted of DUI.

It is different when a celebrity is arrested for driving under the influence. It is common for celebrity DUIs to be treated like entertainment. Rather than becoming a social outcast, the celebrity gains more news coverage.

Do you think Hollywood is out of touch with mainstream America’s ideas on drunk driving?

Did you know that scientists have found a new way in which drinking alcoholic beverages such as beer, wine and liquor in moderation can improve your cardiovascular health and reduce your risk of heart attack?

How does sensible drinking help your heart? Research has already shown that alcohol increases your HDL (”good”) cholesterol while decreasing your LDL (”bad”) cholesterol. HDL keeps arteries free of dangerous plaque. One leading epidemiologist has reported that drinking alcohol in moderation leads to a 10 to 30 percent increase in this good cholesterol in a single week. He also states that there is no other dietary staple that can have such a dramatic impact on HDL as quickly as alcohol.

Drinking one glass of alcohol daily has been found to lower “bad” LDL cholesterol for postmenopausal women, while two alcoholic beverages a day additionally raises HDL cholesterol.

It has now been discovered that moderate consumption of alcohol also improves the size of both HDL and LDL cholesterol particles in the blood stream. This improved cholesterol particle size has been linked to an improved resistance to diseases.

Alcoholic beverages also decrease thrombosis (that is blood clotting, to those of us without a medical degree.) Alcohol increases fibrinolysis, which is the process by which clots dissolve.

There are additional ways that a glass of merlot or a mug of your favorite ale can positively impact your health. They include:

· A reduction in coronary artery spasm in response to stress
· The increase of coronary blood flow
· Lowered blood pressure
· A reduction in blood insulin levels
· An increase in estrogen levels

The key to reaping the benefits that alcohol can offer is drinking in moderation. Moderate drinking is defined as one glass daily for women and no more than two glasses daily for men. A drink is defined as 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of spirits.

People who drink in moderation tend to be healthier and live longer than people who either abstain or abuse alcohol.

Did you already know the positive benefits that alcohol can have on your heart and cholesterol?

If you frequently watch television, you have seen advertisements for alcohol. Have you ever wondered if these ads increase the number of people who will go on to abuse alcohol?

According to some sources, there is no correlation between the ads that we see on T.V. for beer, wine, and liquor and the rate of alcohol abuse in the United States.

The Federal Trade Commission conducted a study on the matter and found there is: “no reliable basis to conclude that alcohol advertising significantly affects consumption, let alone abuse.”

There have been studies in Canada and the U.S. that found there is no significant connection between restrictions on alcohol advertising and alcohol consumption. These studies also showed that while alcohol advertising expenditures have increased, alcohol-related traffic fatalities have declined.

So why even bother to advertise?

People already understand what alcohol is and what it does. The objective of advertising is to get people who already consume alcohol to switch to their brand, and create brand loyalty.

There have been many sources that have reported that by the age of 18, the average teenager has seen over 100,000 beer commercials. However, to see that many commercials, you would have to watch T.V. for approximately 161,290 hours or 18.4 years. Therefore, you would have to start watching television 24 hours a day, every day, from birth until after your 18th birthday.

Did you know that you will see alcohol portrayed more often during television shows than during commercials? An analysis of prime time TV showed that alcohol commercials appeared at a rate of 0.2 per hour while alcohol portrayals during a show occurred 5 times per hour - 25 times more frequently.

Some critics of alcohol advertisements argue that these commercials “normalize” drinking in the minds of younger viewers. However, these ads cast alcohol as normal consumer product, such as soda and detergent. It is preferable to treat alcohol as neutral, not “good” or “bad.” This way we can discourage irresponsible drinking rather than demonizing alcohol.

Studies have found that the greatest influence on beliefs, attitudes and behaviors pertaining to alcohol comes from parents. Approximately 60% of teenagers stated that parents affect their decision about drinking.

What has affected your decisions about whether to drink or not? Should alcohol ads be banned?

Are you going out tonight? You probably already picked out an outfit and the restaurant where you will be going. But have you picked a designated driver (DD) yet?

Having a designated driver is a smart idea. It is estimated that designated drivers have saved 50,000 lives and helped thousands more to prevent injuries that would have occurred as a result of driving under the influence.

The number of people who use designated drivers has gone up increasingly over time. Every year, over 73 million Americans either act as a DD or are driven home by one.

Being a designated driver is pretty easy – all you have to do is abstain from drinking alcohol and be responsible for making sure others get home safely. Many bars and restaurants even provide free non-alcoholic drinks to designated drivers.

There are many advantages to having a designated driver. First, it keeps people from staying off of the road while they are intoxicated. This can save their friend’s lives and keep them from facing arrest, injury or harming someone else. Second, if the driver abstains from drinking, it keeps others from determining who is the least impaired to drive. Another advantage is that it is simple to implement, costs nothing, and is effective.

What are some tips for designated drivers?
Plan ahead when attending functions where alcohol will be served

Make a commitment to yourself that you will not drink any alcohol before or during the event

Ask others about taking turns being the designated driver

Make sure there is more than one designated driver if there is a large group.
As a designated driver, you can also help out by taking car keys from intoxicated people to prevent them from becoming drunk drivers. There are many ways to do this. One is to be calm and make a joke out of it. Another is to find their keys while they are preoccupied. This will make them think they lost their keys and look for another way to get home. However you take the keys, just remember to avoid being confrontational or embarrassing the person.
Have you been a designated driver? Is selecting a DD part of your routine when going to an event where alcohol will be served?

Have you ever wondered how a breath alcohol test works?

Now you can find out.

A breathalyzer test is used to determine a driver’s blood alcohol content if they are pulled over on suspicion of driving under the influence. The driver blows into the breathalyzer apparatus and the test measures how much alcohol is in the breath. The measurement is then converted to determine how much alcohol is in the blood stream. A blood alcohol content of .08% or more will lead to a DUI arrest.

The accuracy of breathalyzer equipment more or less determines a suspect’s guilt or innocence at a trial. However, for many years the manufacturers of this equipment have refused to release any information on the machine’s source code, claiming they did not want to share any “trade secrets.”

Recent DUI cases in Florida, Minnesota, and other states have begun ordering the breathalyzer manufacturers to reveal the source code of their machines. Many judges tossed out DUI convictions, believing that if a machine determines someone’s guilt or innocence, they should have the right to investigate the accuracy, algorithms, and methods of the testing equipment. In New Jersey, the Supreme Court ordered one of the breathalyzer companies to reveal its source code. This code was then turned over to a technology company for analysis.

What the technology company’s report shows is surprising. Contrary to the breathalyzer manufacturer’s statements that the source code was proprietary, it was found that the code consisted mainly of general algorithms. The claim that this code was part of their trade secret was without merit.

The report also showed that the breath alcohol machine’s software would not pass U.S. industry standards for software development and testing. The software shows evidence of incomplete design and should be considered unreliable and untested. If the test was submitted, as is, for use by the U.S. Government or military, it would fail software standards.

The error detection on these machines was shown to be disabled. This means that the breathalyzer would appear to be working correctly, even if it was running invalid codes for a period of time.

In light of all of these problems, can we really trust a breath test to determine someone’s guilt or innocence?

Energy drinks are becoming more and more popular with teenagers and college students these days. These drinks are currently being marketed to the under 30 set. Millions of energy drinks are sold each year to people who are looking for a quick way to get some energy.

Most energy drinks contain large doses of caffeine and other stimulants such as guarana, taurine, and ginseng. The effects can last up to 12 hours.

Now it seems that mixing energy drinks and alcohol is all the rage. This combination can make you feel high, without getting sleepy. This means you can stay alert and the party can go on even longer!

Is it safe?

Not according to some experts. This mixture of heavy stimulants and heavy depressants can cause major problems. Drinking these energy and alcohol combinations can lead you to believe that you are not as drunk as you are. Energy drinks may make you feel alert, but alcohol will still have the same effect on you as normal.

Fatigue is one way your body indicates that it’s had enough to drink. If you try to fool your body into thinking you are not as impaired as you actually are that can be quite harmful.

High levels of caffeine and other stimulants can also boost your heart rate and blood pressure, causing heart palpitations. Mixing energy drinks with alcohol will further increase the risk of heart rhythm problems.

Another reason why people mix these drinks is they believe it will combat hangovers. However, this is not the case. Alcohol makes you dehydrated, which is one of reasons why people wake up with a pounding headache after a night of bar hopping. The caffeine from the energy drinks is a diuretic, which also causes people to lose water. Combined, the effects of dehydration will become even worse.

How do you feel about mixing caffeinated beverages and alcohol? 

Drunk driving is a major problem in the United States.  According to the National Highway Traffic Safety Administration (NHTSA,) 13,470 people died as a result of an alcohol-related accident in 2006. These accidents included both drivers and motorcyclists with a Blood Alcohol Content (BAC) level over .08%.

What is the best way to keep drunk drivers off of the road?

If you listen to the ABI, roving patrols are the most effective at catching intoxicated drivers. An ABI blog, posted before Labor Day, encouraged law enforcement to spend more time on the roads looking for negligent drivers rather than setting up road blocks.

Road blocks are normally publicized in advance, with the locations even being announced on the news. They are also highly visible. Because of this, roadblocks are easily avoided by those who have been busy drinking and then driving.

According to the testimony of a Department of Transportation official, roving patrols catch 10 times more drunk drivers than officers at a roadblock.

The ABI also points out that 8 out of 10 traffic accidents occur as a result of distracted driving. If people are stopped at a road block, the officers do not observe distracted activity, such as applying makeup or talking on a cell phone. Therefore, roving patrols are more effective than roadblocks because they catch drivers in action.

However, a different online source reports that police think DUI checkpoints are more effective at catching drivers under the influence than roving patrols.

One officer said that the police force conducted two DUI roadblocks so far this year. He stated that an average of 500 cars passed through each block, with approximately 140 cars being diverted for field sobriety tests. Police made 19 arrests out of the 280 cars that were diverted.

However, roving patrols are often hit or miss, making many DUI arrests one week and no DUI arrests during other weeks.

As for people avoiding check points – the officer said that there are police cars that are stationed by roadblock. If vehicles turn around to avoid the roadblock, the officers will follow to look for signs of drunk driving.

So who is right? Are roving patrols really more effective than DUI roadblocks?