(NEWSWIRE.net -- November 21st, 2012) Salt Lake City, UT -- FOR IMMEDIATE RELEASE--
The first law in the United States against driving under the influence was instituted in New York City 1910. It was not until 1936 that the Drunkometer was developed, (seriously, that’s the actual name given to it). This was a time when alcohol was a difficult issue. Dr. Rolla Harger invented the Drunkometer. It was a balloon like device that the accused blew into, and the air was discharged into a solution that changed a darker color based on the amount of alcohol in the balloon. Later on, in 1953 Robert Borkenstein, a former cop and university professor, upstaged the Drunkometer with the Breathalyzer. It was practical, easy to use, and accurate. It gauges the amount of alcohol vapors, which is the level of alcohol in the blood.
This means that you can NOT cheat a breathalyzer by putting things in your mouth. WHY? Because the breathalyzer doesn’t measure the amount of alcohol in your mouth, but the alcohol content in your blood stream. If you try to cheat a breath test by fake blowing, you are probably just irritating the person administrating the test. Common myths include using pennies, potato peels, and gum/ mints. Although, gum and mints might minimize the chance of the officer not smelling the alcohol on your breath, it’s not going to help you any further than that. The only thing that works is hyperventilating. Hyperventilating MAY temporarily decrease the alcohol gas level to .02 percent. This may be enough to elude a roadside sobriety test; however, if you are taken to jail they will give you a more sophisticated test such as an Intoxilyzer.
Even with the development of the breathalyzer in the 50’s, it was not until the late 70’s early 80’s that law makers, police officers, and MADD (mothers against drunk driving 1980) started imposing harsher punishments for people convicted of DUI’s. During this time the dangers of drinking and driving, including awareness for it, dramatically increased. Prior to 1983, there was not a single state that had a limit on BAC (blood alcohol content). In this year Utah and Oregon enacted a .08% BAC which made it illegal to drive with a BAC over .08. Over the next 3 years, 15 states had followed suit adopting the .08% limit. The remaining states and D.C. had passed a law of a legal BAC of .10%. In addition, everywhere in the United States has a legal drinking age of 21 years old.
According to Utah Code Annotated § 41-6-44(2)(a), “a person may not operate or be inActual physical control of a vehicle within thisstate if the person: (i) has sufficient alcoholin his body that a subsequent chemical testshows that the person has a blood or breathalcohol concentration of .08 grams or greaterat the time of the test; (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degreethat renders the person incapable of safelyoperating a vehicle; or (iii) has a blood orbreath alcohol concentration of .08 grams orgreater at the time of operation or actualphysical control.
That’s right; you can be arrested even if you are below the legal limit if you are deemed unable to be in control of the vehicle. You can also be arrested for not driving the car anywhere. That is because Utah law states you can be charged with driving under the influence for simply being in the car, and having the ability to drive the car. If you live in Utah you have heard people’s stories of being drunk and sleeping in the back of the car and getting a DUI and like stories. Even before you plead in court, a Utah DUI causes havoc instantly. The police officer will confiscate your license and replaced with a temporary permit. You then have 29 days to fight for your drivers license from the Utah Driver’s License Division and then with the court. You must win both battles to keep you license, which I hate to say is very unlikely to keep. You will then be taken to jail and your car impounded. After you are released you will need to go to a court date within 30 days. The 30 day period will give you time to find an experienced DUI attorney. Below is a chart taken from the DUI sentencing Matrix of penalties for 1st, 2nd and 3rd driving under the influence punishments.
When it comes down to it, it’s just not worth getting a Utah DUI. They are expensive, stay on your record for years and ruin people’s lives. Don’t drink and drive, instead call a cab or have a DD designated driver. If not you will be caught or worse, end up really hurting someone. This quick guide was built by a Utah DUI attorney from the Schmidt & Gladstone Law Firm in Salt Lake City, UT.
Schmidt & Gladstone Law Firm
136 East South Temple Street #1500
Salt Lake City, UT 84111
(801) 895-3113
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Source: EmailWire.Com 
Source: EmailWire.com
