Rosenstein Law Group

A national airline administrator has had his name cleared of false DUI charges.

Former FAA Administrator Randy Babbitt recently came into the public spotlight when he was arrested on suspicion of DUI in December of last year. The arrest, which took place on December 3, was due to the officer pulling Babbitt over after he the officer states he witnessed Babbitt cross double-yellow lines, and drive partly in the oncoming lanes.

However, video that was recorded by the patrol car did not back-up the officer’s claim, and the case was thrown out after Babbitt was found to be pulled over without reasonable suspicion.

Babbitt had been placed on administrative leave just 2 days after the arrest, and Babbitt resigned shortly after.

The initial breathalyzer test that Babbitt took registered a 0.07% blood alcohol concentration, which was under the legal limit. Later tests showed that Babbitt’s BAC was higher than 0.08%.

According to Babbitt’s attorney, he had been at a party earlier in the evening, where he had drank no more than 3 glasses of wine, over a period of roughly 3 and a half hours.

Babbitt stated his appreciation that the trial was over, and at the outcome, saying “I am thrilled the charges against me have been dismissed at trial and I have been found not guilty. As I said in December, I resigned from the FAA because I was unwilling to let anything cast a shadow on the outstanding work being done every day by the men and women who work there. I am extremely grateful for the colleagues and friends who have expressed their support for me over the past few months. Over my career I have worked on some of the most important issues facing the aviation industry, and now that this matter has been resolved, I look forward to returning to that work.”

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The recent economic downturn of the past few years hit everyone hard. Individuals lost their jobs and home, businesses had to file for bankruptcy and/or close their doors forever, cities filed for bankruptcy, state governments were in danger of shutting down, and police and fire forces had their personnel and budgets cut.

In response to this, several different cities in Arizona took to making innovative cost-cutting measure into place, including a Scottsdale measure that improved DUI enforcement while shrinking budgets.

Back in 2009, news was buzzing about Scottsdale’s new at-home detention program, which promised to takes steps to solve over-crowding in jails and prisons, and allow for certain DUI offenders to continue living their lives, all while receiving the same punishment as any other DUI offender.

The program, only available to first-time DUI offenders who do not have any history of violent behavior, involves electronic monitoring, making sure that a defendant remains gainfully employed, and providing counseling as well.

Scottsdale officials said that as soon as the program was instituted, it was saving the city money. They estimated that in the first 9 months of its operation, the at-home detention program saved the city roughly $1.4 million in jail fees alone. Add on to that taxes collected from the jobs that the defendants have, and the fact that they are contributing to society instead of being stuck in a jail cell, and it seems like a win-win for everyone involved.

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There has been a long-time debate centered around field sobriety tests and their actual validity.

Supporters of field sobriety tests (FSTs) state that they give police a better indicator of how unfit to drive a person is than a breathalyzer test, since alcohol affects each person differently. Opponents of FSTs state that it is not a scientific enough test, since there are a number of irrelevant factors that could come into play, such as road surface, an individual’s inherent balance, and nervousness in the face of law enforcement.

Regardless of the arguments, however, the best case scenario for FSTs is that they adequately portray to an officer whether someone has blood alcohol concentration of over 0.08%. Worst case scenario is that they don’t prove anything at all, and lead to many false-positive arrests.

To understand more, we need to dig a bit deeper.

The National Highway Traffic and Safety Administration (NHTSA) was intrigued by the possibility of officers being able to test individuals on the side of the road, and accurately determine their level of intoxication. To suit that end, in the 70s they paid to develop tools for officers to use, from which arose the current battery of tests in the FST.

While there were many different methods tested, there were 6 main ones that law enforcement officers have since relied on. Unfortunately, of all 6 of those testing methods, not a single one of the studies that they were based on have been open for peer review. Those studies are the 1977 Study, the 1981 Study, the 1983 Study, the Florida Study, the San Diego Study, and the Colorado Study.

The definition of peer review, according to Wikipedia, is “a process of self-regulation by a profession or a process of evaluation involving qualified individuals within the relevant field. Peer review methods are employed to maintain standards, improve performance and provide credibility.”

Essentially, opening up a study to peer review allows other scientists (some are bound to be more impartial) to attempt to replicate the study. This will allow other groups to more or less confirm the results found, or describe problems they came across in the testing methods or results.

Refusing to have the studies peer reviewed has been met with criticism by some. They state that there is no reason for the government to not allow peer reviewing unless they know that their studies are not scientific. Others argue that the reason the government doesn’t allow peer reviewing is because there will be groups with agendas, who manipulate their data to make it look like FSTs are basically useless.

Unfortunately, it is also not known if the studies performed were all done to test for certain levels of impairment, and if so, what the exact impairment they tested was. For example, laws related to DUI in many states used to be 0.10% All 50 states currently have DUI laws specifying 0.08% as illegal intoxication. With the lowering of the legal limit, were FSTs adjusted as well, or are they the same now as they ever were? This begs to question how many other things have changed over the years.

Government research states that poor performance on an FST is roughly equivalent to a 0.08% BAC, but without opening the studies up for peer review, those results cannot be confirmed.

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When it comes to drinking, there are a lot of misconceptions that are commonly thrown around, such as placing pennies under your tongue to trick a breathalyzer test, but unfortunately they are almost always untrue. There is no DUI prevention technique better than just not driving. In this entry, we will cover some of the common myths floating around, as well as the truth behind them.

“If I’m drunk, can’t I drink a lot of coffee to sober up quickly?”

Unfortunately, no. Your level of inebriation is caused entirely by your blood alcohol content, which is not changed at all by coffee. While stimulants such as coffee may cause you to feel more alert, you are no less drunk, and will blow the exact same BAC rating if pulled over.

“I heard that breath mints can trick breathalyzer tests. Is this true?”

Once again, not true. I’m not sure where this myth came from, since the smell of your breath has nothing to do with a breathalyzer test, although I’m sure some officers will be grateful of the minty smell.

“But then, at least the officer won’t smell alcohol on my breath, right?”

This is true, but keep in mind that the reason they pulled you over was likely because you were exhibiting some irregular driving behavior, so they are likely to give you a breathalyzer test whether they smell alcohol on your breath or not.

“Can’t eating certain foods before heavy drinking help keep you sober?”

This myth has been around for centuries, but it is not true. Sure, there are certain foods that will absorb alcohol, but all of those foods will be broken down and digested, along with whatever liquids they were holding on to. If the liquor goes in your mouth, it passes through your blood.

“Yeah but if I eat a HUGE meal before drinking, that will stop me from getting drunk, right?”

Once again, a myth that has been around forever. The only effect that what and how much food you have eaten will have on your blood alcohol concentration is that the process might be slowed down. Large meals will slow down how quickly the alcohol gets to your bloodstream, but whether you had 2 shots of whiskey on a full stomach or a completely empty stomach, the resulting BAC will be the same.

“Can’t something shocking like splashing cold water on my face force me to sober up?”

Just like with caffeine, even if you feel more alert right after something shocking, the exact same amount of alcohol is in your bloodstream. Literally the only thing that can reduce your blood alcohol level is for the alcohol to get filtered out of your bloodstream, which is just a matter of time.

“Can’t I do a few laps of the parking lot to sober up enough to get me home?”

Everyone who exercises regularly will tell you that getting your heart rate up certainly makes you feel more awake and alive, but unfortunately, that will not reduce your level of intoxication even the slightest bit.

“The only thing I had was some spiked punch at the party. I couldn’t taste any alcohol, so I can’t be drunk!”

This one is common after house parties, but the truth is that fruit juices are notorious for their ability to completely mask the taste of alcohol. In fact, there can be so much alcohol in spiked punch that even mild-tasting punch can be stronger than any drink in a bar.

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Supporters of the legalization of medical marijuana won a major battle last year when Arizona passed a law allowing for its use. Then the bad news started coming in. The number of DUI drug arrests had an unprecedented leap over the year before, and many drivers were forced to learn the hard way that THC in the blood stream is, if anything, treated more harshly than alcohol.

The fact that many people don’t know ahead of time is that Arizona is a zero-tolerance state. Metabolites (THC byproducts) are allowed in the bloodstream only if an individual has a medical marijuana license, and no THC can be present in the bloodstream at any time while driving.

You may be able to have a beer and legally drive home, but you cannot legally drive a car after using medical marijuana until it is completely out of your system, even with a medical license for it.

As soon as there is a commonly accepted illegal level of THC in the bloodstream as there is with the 0.08% blood alcohol concentration, the number of DUI drugs may decline, but for now there is no way for law enforcement to be sure how affected an individual is by the THC detected in their bloodstream.

While the laws surrounding medical marijuana are bound to change frequently, for now the simple fact is that possessing and using marijuana is legal with a medical license, as long as you stay far away from operating motor vehicles.

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In the previous entry, we talked about how since medicinal marijuana was approved, there has been an increase in drug DUIs, and how lawmakers are finding it difficult to establish a good threshold for unsafe levels of THC in the bloodstream.

In this entry, we will go over some of the current state laws related to unsafe levels of THC.

Many states are trying to establish a 1:1 relation between alcohol and THC by saying that, just like 0.08% BAC is unsafe, a certain nano gram per milliliter concentration of THC is unsafe. Other states adopt what it called a zero tolerance policy.

Currently, most states in the U.S. have to prove that a driver not only has THC in their bloodstream, but is also actively impaired by it, in order for a DUI drug conviction to stick. Some states, however, are adopting a much harder stance against marijuana by stating that you can be found guilty of DUI drugs if you even have some of the drug byproducts in your system.

For example, marijuana will leave small but measurable amounts of what are called metabolites in an individual’s system for days after use, even weeks after use for frequent marijuana users. Metabolites are compounds that the body automatically produces when it comes in contact with the THC in marijuana, and they are non-psychoactive.

Arizona is one of the states that maintain a zero-tolerance police when it comes to both THC and metabolites in urine and blood samples. However, now that medicinal marijuana has been legalized, if an individual has a medicinal marijuana license, then they are allowed to have metabolites in their system, but not THC in any form. Other zero-tolerance states are Utah, Rhode Island, Iowa, Indiana, Illinois, and Delaware.

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Recent news has been absolutely littered with stories about Drug DUIs, and how they are increasing by leaps and bounds, which is usually explained by Arizona’s recent medical marijuana law essentially making marijuana legal to possess for certain individuals.

The increase in DUIs being issued for marijuana use has caused many to question just how an officer determines the level that marijuana is affecting a person’s driving ability. For example, blood alcohol concentration can be measured scientifically, which is a direct representation of how drunk an individual is. There is no such thing for marijuana.

Being a psychoactive drug, the effects of marijuana are complex and difficult to quantify. States that arrest for drug DUIs have started to come under fire for their methods not being fair. Many individuals believe that tests for marijuana need to be handled the exact same way as with alcohol; with a blood test. Unfortunately, blood samples that contain THC, which is the main psychoactive ingredient in marijuana, don’t have a direct correlation to levels of impairment the way BAC does with alcohol.

According to experts, THC will be highest in the bloodstream just minutes after using marijuana, which is often long before any impairing effects are felt. Also, if the individual is a frequent user of marijuana, then there will be a trace amount of THC found in the bloodstream for days, long after the individual became completely sober again.

This leaves lawmakers more or less scratching their heads with how to accurately measure levels of intoxication when it comes to marijuana. Some have suggested a THC concentration of 10 ng/ml, which is currently the level defined as the DUI threshold in several states, however studies have shown that that amount is comparable to BAC of 0.05%, which is under the legal limit in all 50 states.

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An age-old debate has recently been resurfacing due to Arizona’s recently changed stance on medicinal marijuana. The debate is over whether marijuana has a significantly different (and safer) effect on driving ability than alcohol does. Police forces treat the 2 substances pretty much the same, as both can be grounds for receiving a DUI, but one insurance company has recently stated outright that being under the influence of marijuana instead of alcohol is the safer way to drive.

These claims are being made by the website 4AutoinsuranceQuote.org, which is citing years’ worth of scientific studies, some of which came from the U.S. National Highway Transportation Safety Administration. The studies cited show that drivers under the influence of marijuana tend to drive slower, and even have lower accident rates than drug-free drivers. Unfortunately, they are only looking at one side of the data.

According to Paul Armentano, Deputy Director of the National Organization for the Reform of Marijuana Laws (NORML), “there is evidence that cannabis causes changes in performance, and some of these changes may make you less likely to have an accident. For instance, you’re less likely to change lanes, so you’re less likely to have accidents occurring as a result of that. But that does not necessarily make you a safer driver. For instance, we see performance changes in braking latency, and there’s also some evidence of impairment of peripheral vision.”

The studies that 4AutoinsuranceQuote.org cites almost all hint that the effects of marijuana on driving are minimal, but there are numerous studies which state exactly the opposite, so this may be an example of a company picking and choosing results that fit. For example, a team of Canadian researchers came to the conclusion that smoking marijuana within 3 hours of driving causes the risk of an accident to increase by almost 100%.

Armentano says “the real takeaway shouldn’t be that cannabis makes one a safer driver, but that the changes in psychomotor performance are very different with cannabis than with alcohol.”

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A recent DUI-related car accident ended in tragedy for a young man, and a family.

According to police, in Phoenix last week, a teenage driver without a license caused an accident by colliding into another vehicle, which killed a young boy. The driver has since been booked into jail.

The man, 19-year-old Pedro Ramirez, was initially sent to the hospital for injuries, but according to Phoenix Police Department spokesman Sgt. Trent Crump, immediately upon his release was booked into jail, facing charges of aggravated assault, manslaughter, and extreme DUI.

According to Crump, officers also arrested the 5-year-old child’s mother, Evangelina Barrios, who was also in the car with Ramirez. The 21-year-old mother was arrested on suspicion of child abuse, as her son Angel Alvarez was not safely buckled into any of the 3 child restraints that were installed inside the car.

The accident happened on April 30, when Ramirez was driving north on 37^th Avenue. It was caused when Ramirez attempted to pass a vehicle in front of him by driving into the oncoming lane, which caused him to collide head-on with a Chevrolet pickup. The driver of the pickup was properly restrained, and sustained no serious injuries.

Officials state that all 3 individuals in the Ramirez’s vehicle were immediately rushed to the hospital, where Angel soon died in a trauma center. Police say that he had been sitting in the front seat, unrestrained, and collided with the dashboard as a result of the collision.

There has been no word as to what Ramirez’s blood alcohol concentration was, and if Barrios was under the influence as well or not.

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As has been the case with all of the major holidays in recent years, there will be a DUI task force out tonight and the rest of the weekend. The Pinal County Regional DUI task force will consist of officers from the Casa Grande, Eloy, and Coolidge police departments, as well as officers from the Maricopa Police Department.

In a statement released by the DUI task force, enforcement will consist of various officers with “specialized training in DUI detection” patrolling the city and making arrests.

In the same statement, the Maricopa Police Department stated that they recommend the use of either a taxi or a designated driver to get home safely. In conjunction with that safety recommendation, AAA is going to be offering free rides home from 6PM Saturday through 6AM Sunday. The rides are being offered as part of their “Cinco de Mayo Tipsy Tow” program, and the only special requirements are that the rides be no more than 10 miles, are for the vehicle’s driver and one passenger, and must be to the driver’s residence.

According to the director of communications and public affairs for AAA Arizona, Linda Gorman, “Cinco de Mayo celebrations often involve the consumption of alcohol, which can become very dangerous when driving is involved. AAA urges fiesta-goers to celebrate responsibly by planning ahead to get home safely, and as a last resort, call Tipsy Tow if plans fall through.”

If you find yourself in need of a Tipsy Tow, then you can call 1-800-AAA-HELP, and provide them basic information such as driver’s name, address, phone number, and where the driver and his/her vehicle are. If you do need a Tipsy Tow farther than 10 miles, then AAA’s normal towing company rates will apply.

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