Could the Future of DWI Testing Lie In Swab Tests?

Law enforcement officials in the state of California are about to begin employing a newer technology in 2014 in an effort to identify, arrest, and prosecute intoxicated motorists. NBC Los Angeles has reported that a government grant within California is enabling law enforcement officials to increase their usage of swab tests at DWI/DUI checkpoints and in jails test suspects for the existence of alcohol and drugs in their bloodstream. Police officers in California have recently observed an increase in the amount of motorists who operate automobiles under the influence of drugs, including marijuana. Just like in the state of New Hampshire, a motorist who drives an automobile while under the influence of prescription, illegal, or over the counter medications can be charged with a DWI within California.

With the number of active motorists impaired by drugs higher than ever, law enforcement officials have deemed a need to be able to prosecute and recognize such motorists. The use of a swab test is quickly being recognized as a simple and fast method for police officers to determine if drugs are present in a person’s system. This test works by having an absorbent cotton swab placed in the suspect’s mouth. A saliva sample is absorbed in the swab, and then it is removed from the mouth. The sample is then conveyed to a laboratory where it is compared with known samples of popular drugs to determine if these substances were in the suspect’s mouth. The notion behind this idea is that an individual who consumes drugs possesses traces of drugs within their body that can be identified through the saliva.

Can An Emergency Situation Be Used As An Excuse For Driving While Intoxicated?

In December of 2013, The ABA Journal published an article about a case originating in Canada where the judge found a defendant not guilty, although he did operate a motor vehicle while intoxicated, because an emergency situation forced him to deliver an injured friend to the local hospital to receive medical treatment. The friend had sustained injuries to their head after striking it on a metal stair railing after a fall. After being accidentally locked out of their nearby apartment and being unable to reach their cellphones, it was determined that the pair had no other reasonable option than to drive intoxicated to the local hospital.

Causes of this particular nature can be divided into one of two different categories, both of which overlap somewhat. The first category is referred to as justification defense cases wherein an emergency situation presents a pressing need to operate a motor vehicle while under the influence of alcohol. The second category is referred to as duress defense cases in which a motorist possesses a need to escape a dangerous scenario, like a domestic abuser who is on a rampage.

When a person is arrested for DWI, penalties come not only from the courts, but also from the Dept. of Safety.  The Dept. of Safety has the authority to suspend a person’s driver’s license if he/she; refuses to submit to a physical, blood, urine, or blood test as requested by a law enforcement officer; or, submits to a test which discloses an alcohol concentration of .08 or more; or, is under the age of 21 and submits to a test which discloses an alcohol concentration of .02 or more. This suspension may be in addition to any court imposed suspension.  The license loss is 6 months for a first offense, or 2 years for a second refusal/test over or a previous DWI conviction.

 The Dept. of Safety has also been given the authority to require the installation of an Ignition Interlock Device in order to restore your driving privileges.   The interlock device can be required for a minimum of one year, up to two years. This again is on top of any requirements imposed by the courts.  Like in a court hearing, you have the right to be represented by an attorney in an administrative hearing before the Dept. of Safety.  There is a lot more at stake than you might realize, and only an experienced DWI Lawyer will be able to guide you through the process and achieve the best possible outcome.

http://online.wsj.com/news/articles/SB10001424052702304475004579276233917668764

"Scientists have known for years how heavy use of alcohol and drugs works on reward centers in the brain to drive dependence. The new research, including a study published in November in JAMA Internal Medicine and early-stage drug testing at the National Institute on Alcohol Abuse and Alcoholism, is revealing another, darker side to how such substances impact the brain. By transforming its chemical architecture, drinking and drug use trigger feelings of anxiety and tension that can only be eased by more consumption."

"

While this dark side has been documented in laboratory animals and in some human testing, its validity in people was significantly bolstered by the recent JAMA-published study, led by Dr. Mason, indicating that a drug that targets dependency's stressful effects helped quitters. Its findings: About 45% of the 150 alcoholics who took the highest dose of the drug, known generically as gabapentin, either stopped drinking altogether or did so only occasionally.

In 2011, more than 21 million Americans needed treatment for a problem related to alcohol or drugs, according to the federal government's most recent National Survey on Drug Use and Health. Many try to quit, but studies show 60% or more of alcoholics and drug addicts relapse within a year of trying to kick their habit, addiction specialists say."

http://news.yahoo.com/blogs/sideshow/don-t-drive-drunk--even-in-a-videogame-185327129.html

"

AMO_RACING87, who is described as one of the world's most talented Gran Turismo players, takes a couple shots of whiskey and then wobbles over to his monitor and console for a  few laps in the popular racing game.

Things don't go well. The driver can't seem to take the turns. He runs into walls, crashes into cars, and generally drives like he's, well, drunk."