Travis In Austin

I'm more in the "one star" camp than the 3 stars you gave, but I do agree with you that there are a few wonderful passages in the book and a few very interesting tidbits. For instance, there is a wonderful section about the Jubilee, and about Roy's work with Paul on that project that is not contained anywhere else that I am aware of. Roy wrote an excellent piece that is in the book that discussed this subject. The book is just so poorly written, and it so clearly a vainity book, right down to the rubber stamp signature of Mr. Klipsch that Miss V put in herself, and her signature as well. The whole thing is just really sad on so many levels. In my opinion, a mediocre book about a great man does the man more of a diservice than to honor him. LarryC knows the authors I believe, and Dr. Larry is mentioned in the book, so it is worth the price just for that fact alone. Travis

Nope sorry, all I have available is a '70 1/2, but I will keep my eye open for you Partick. You should come out to Austin for the record convention coming up next month. We would love to have you. Travis

I was thinking about that myself, but I need to have one disk per client, and the tapes are usually less than 45 minutes so Bluray would be a bit of overkill for me. Travis

I was wondering if anyone has any first hand experience with VHS to DVD recorders. I have several hundred old VHS videotapes of clients doing Field Soberity Tests and they are taking up way too much space. We keep them around because we cross-reference them by arresting officer, etc. and I want my staff to convert them to DVD. So I'm looking for somthing that has good dubbing quality, ease of use, reliable, etc. Any help would be most appreciated. Thanks in advance, Travis

Not yet, still in boxes in my garage. i need to get a work crew organized, get em up and going. Travis

I'm looking forward to hearing those babys as well. Travis

Are any of your tubes 6dj8 by chance? Travis

J JB, I'm with you all the way on that. Where are you located and I will give you a list of 'em. If you are every in Dallas you need to try my wife's familys place, Campisi's. Travis

No wonder I never score anything in Austin, I'm always trailing in you dust. Congratulations Cornman, nice score, Glad they are staying in the family and not going to some ebay reseller. Travis

I thought it was 8 years probation and two years house arrest, but no matter, that would never happen for you or me. The thing that is missing is that he settled a civil case as part of it and the family of the victim was pleading with the DA that they wanted it behind him and no prison time. Which I guess was part of the deal on the civil case, that the family beg and pled he not go to prison. Travis

That is incredible, the road side breath test (PBT) is different then the test at the station. Here he would have been take to jail, we have never had a 24 roadside suspension, it was and still it go straight to jail, and then it starts from there. I have never heard of being let go at the scene, that is pretty cool. Travis

That is the law in most states in the U.S., and it a surprise to a lot of people. Most states require that the key be in the ignition. I have had clients realize they had too much to drink, do the right thing, pull over, get in the back seat but leave the engine or running so they could have the hear or a/c on and get arrested for DWI. Never lost one of those cases, and now, I am pretty much able to get the prosecutor to dismiss it if the cllient does a short class or something. Every once in awhile run into a prosecutor who feels that they need a bunch of counseling, rehab, or something insane and we tee it up and the state loses. But the fact remains that the cop is within his rights to arrest because it is technically "operating" under the law. Travis

How about it? I love it there, I'm admitted there. Great place. Oh, the law? You'r a lawyer right? Looks like you are pretty soft on dui compared to Texas. I'll have to ask him again what the penalty is for refusing a breath test, if anything. From another friend: For first conviction in seven years: $400 to $1,000 fine; jail term of not less than 2 days nor more than 6 months or 48 hours to 96 hours of community service and if the driver is found to have a concentration of alcohol of 0.18 or more in his blood or breath, he must attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945; 90-day license revocation. For second conviction within 7 years: Jail term of 10 days to 6 months or residential confinement for not less than 10 days nor more than 6 months; $750 to $1,000 fine or an equivalent number of hours of community service while dressed in distinctive garb that identifies the offender as having violated the provisions of NRS 484.379; and the driver may be ordered to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945; one-year license revocation.

Well said. I will give you one example of how your rights are greater here. In the U.S. you are not allowed to consult with an attorney to help you decide whether or not to take a breath test. In Canada, not only are you allowed to consult with an attonrey, you are required to consult with an attorney before agreeing. You can call your attorney, if you don't know one, they will give you a list of to call who are on standby 24 hours a day to answer questions. As JB would say, truly "Top Notch." Travis

I'm not sorry, PA is better off with you then Hong Kong.[] Pennsylvinia is very complex, you have what we call a tiered approach, a differenet tier of offense based on you blood/breath alcohol level, i.e., .08 to .10, .10 to .15, etc. You correct in Pennsylvania if you refuse (assuming they have the legal right to request a breath test), it is a mandatory 1 year suspension. I don't know if you can get an occupational or hardship license there in that situation. Pennsylvania, like a few other states such as WI, have made it a crime to refuse the breath test. We don't have that in Texas, nor do we have road blocks, the legislators know, despite MADD, that the people will only be pushed so far. This is what a friend sent me on the laws in your state: Travis N E W P E N N S Y L V A N I A D U I L A W S Pennsylvania has substantially re-written its laws relating to driving under the influence or controlled substances and have issued harsher penalties as a result. The elements of the new DUI law are: (75 Pa.C.S. Section 3802) (a) - General Impairment - (1) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the vehicle; (2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (75 Pa.C.S. Section 3802) ( - High Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (75 Pa.C.S. Section 3802) © - Highest Rate of Alcohol - An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (75 Pa.C.S. Section 3802) (d) - Controlled substances - An individual may not be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) there is in the individual's blood any amount of a (i) Schedule I controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act or (ii) Schedule II or Schedule III controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act which has not been medically prescribed for the individual or (iii) metabolite of a substance under paragraph (i) or (ii). (75 Pa.C.S. Section 3802) (e) - Minors - A minor (an individual under 21 years of age) may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. Refusal of Breath, Blood or Urine Test - If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and a 3 days mandatory incarceration. A person should take immediate action if chemical tests were refused. The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation (PennDOT) of driver's refusal. Once received, PennDOT forwards order to driver that licence shall be suspended in 30 days from the date of correspondence. Driver has 30 days from correspondence date to appeal in a civil proceeding. P E N N S Y L V A N I A D U I P E N A L T I E S Pennsylvania has taken the position that a person’s Blood Alcohol Level (BAC) and the number of times the person has committed a DUI within the last ten years will dictate what punishment they will receive. As of February 2, 2004 there are three categories a person will fall into based on the level of the alcohol in their system. There is a) .08%-.099% .10% - .159% c) .16% and higher Included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety. (AHSS). BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System. FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS) BAC is .08% to .099%. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category. BAC is .10% to .159%. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension. BAC is .16% or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension. SECOND OFFENSE BAC is .08% to .099%. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months. BAC is .10% to .159%. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months. BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months. THIRD OFFENSE BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months. BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months. BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months. FOURTH OFFENSE BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months. BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months. BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

I couldn't agree more, And you, being from Canada, where someone charged with DWI has more rights and more protections than someone in the United States, I'm sure would be in favor in making sure the innocent are not punished. In Canada, like here, we have this thing that decides who is guilty, or truly guilty, and even truly, truly guilty. It's called a trial. Here in Texas it is a jury trial, not sure if you get a jury trial on a first dwi in Canada, I will have to ask some of my bretheren in Canada. Neither we, nor Canada has a system of determining whether someone is innocent. It is either guilty (or, if you prefer, truly guilty) or not guilty (which does not mean innocent, we don't care if you are innocent here or not). The only thing that matters under our system and yours is if the state/Crown can prove you guilty/truly guilty beyond a reasonable doubt. If they can, you are guilty, if not, you are not guilty. Best systems on earth, you have some more protection up there, but you folks probably don't let emotions and run rough shod over fundamental principals like we are prone to do here on occassion by trying to legislate around constitutional principals. Travis

That says a lot about you, not sure what, but it says a lot about you.[] Oh wait, you work for a group of doctors right? Well that might explain something[*-)] Applogy is advance to Paul and JC. Travis

Everything is plea bargined there because you have not right to a jury trial for a misdemeanor in Nevada. In Texas we have the right to a jury trial for anything, speeding, running a red light, anything, A non breath test case usually takes 1 day, depending on judge, and a breath test case takes 1 to 2 days depending on the court. Some don't start picking a jury until 1:30, others are ready to go right a 9:00 a.m with 30 mins of voir dire per side (we get to do all VD here), and we go. I estimate that I spend 3 hours of prep time for every hour in court, so the typical time spent on a DWI here is 60 to 70 hours. For me at least, but I don't like to lose, so I do everything I can. Go to scene personally, get all records, have a contested pretrial hearing, request contested license suspension hearing, etc., etc. Most attorneys don't do all of that. When I was practicing in Las Vegas Watkins was about the only one who was specializing in DUI really and the only one trying a lot of cases. He must have about 50 reported opinions by now all on DUI, if he is still practicing. I did not do a lot of criminal when I was there, and the little criminal work I did was all white collar, usually federal, and usually doctors for clients. Travis

Michael, You could have been a founding father, you summed up our judicial system in one sentence, something a legislator or lawyer could never do. That is always the deliema in a system of justice: Is it better to have a system that can convict 9 innocent people so that one guilty person is not allowed to go free, or is it better to have a system that allows 9 guilty people to go free to TRY and prevent one inncoent from being convicted. Our founding fathers, some having been from backgrounds involving the first situation, thought it better to have a system where the guilty might go free then chance the conviction of an innocent person. That is why we have the presumption of innocence, and, that the state is required to prove to the jury that the defendant is guilty beyond a reasonablle doubt. Those two things result in people who are probably guilty from not being convicted. It is designed that way, on purpose, after a lot of thought, and bloodshed going back to the Magna Carta. It is a shame more people don't understand why our system is the way it is, how it evolved, and why it is the way it is. It is not perfect, but ours is the best on any continent, I can guarantee you that. Because we trust the people, our fellow citizens, to sit in judgement of one of us. A jury is to protect us from the Gov't, not the other way around. Yes the truly guilty, whatever that is, should not go free or unpunished. If the state has a rock solid case the case usually gets plea bargined, they are found guilty of DWI, and they have to do the required stuff like classes. If the case is marginal it may get plea bargined down to something below a DWI or it may go to trial. If the jury says guilty, then he is truly, truly, truly guilty, by definition. Or he is truly, truly, truly, truly not guilty by definition (which doesn't mean innocent, not guilty does not mean innocent). Travis

What state are you in again? It varies state by state. In Texas, on a first, if you refuse the test it is a 180 day suspension. If you take test and fail, it is 90 day suspension. Either way you are entitlted to an occupational driver's license which allows you to drive to and from work or school and take care of essential household. Let me know what state you are in and I can tell you generally what the situation is. Travis

Absolutely, but unfortunatley there are no loopholes, in the legal sense, on DWI. If you are referring to consitutional challenges, would I use a constitutional challenge if someone were hurt or killed? Abosolutely, because it means my client's rights were violated. There is no reason for a cop to violate someones rights in a DWI case, because the rights are minimal. There is never a reason to. They violate rights because they are lazy, or stupid and don't belong wearing a badge. The penalty for violating someone's rights is they walk. Period, end of story. We should want our best and brightest being teachers and police. Unfortuantley, all it takes is to be a cop is a high school education and a clean record. Like any profession, most are good, but a few just don't belong. Blame the dumb cop, not me. Yes I would defend them, whether they admitted their guilt to me or not, if their rights were violated. That is the reason why people walk if thier rights are violated, regardless of the crime, it keeps cops honest, at least you would think it does but it does it. I know full well that the breathylizer is a brand name and has not been used in any jurisdiction in years. it was actually the most accurate of all breath testing equipment but it could be manupliated by the operator. What is in place now is the Intoxiyzer and Drager. We use the Intoxilyzer 5000 in Texas, which is not the most up to date model available. It is well understood, but it isn't a tool. They call it a instrument, I call it a machine. It is not specific for alcohol, and I'm sure you know what that means. It will read way high if someone has mouth alcohol as opposed to a sample of avelor air, which I know you are familr with. If you have GERDS it will read high, way high. Can it be accurate, sure it can, can it be inaccurate, it sure can, without regard to how it is maintained or calibrated. I'm not inferering anything at all about agencies, where do you get that from. All I said is the guy needs to talk to a good lawyer, who knows how to defend a DWI case, before he does anything. Then we get people, who know nothing about the case other than a .013 , which is probably wrong, and someone's assumption he was "trashed" and causes them to assume that this poor kid doesn't need legal advice, he needs "help." As in programs, rehab, etc. I then tried to point out that you can't just look at the number and assume anything, that's why he needs to see a good lawyer. The machine may be well maintained for all I know, I just said it could we a defensable case and check your rights. Why are you such a sheep that you wouldn't question something the govt. says or does? It is our duty as good citizens to question, to investigate, to see what is really going on. But a gov't agency does't have to be corupt for their to be an innacurate breath test, or for someone to be arrested who is not intoxicated. It happens all the time with no bad intent on the part of anyone. I have never had to use the defense of they used fake equpement, planted evidence, or doctored videotape. A lot of times it is pretty simple, they see the defendant doing field soberity tests on in car video, plus they see them walk and talk, and they look pretty good. And then they hear about a machine that says my client is .12, or .22 or whatever. The higher the better as far as I'm concerned. I get the state's expert to admit that certain things can cause the Intoxiyzer to read high. I then ask the jury whether they are going to believe their own eyes or the govt's machince. Like I said above, I had a jury trial on Monday, a .12, guy looked good on the video. Jury came back "Not guilty" after 30 minutes. One of the jurror's asked for my card, said they wanted it case they were ever in trouble, they knew that I would "fight for them." Don't assume because the govt. is behind something that it is all good, perfect and no problems. Most programs are good, most tests are good, but not all are, and the state has to prove it is good beyond a reasonable doubt. It's not my job to prove their case for them, my job is to require the state to meet its burden. But don't think for one minute that gov't agencies don't manufacture stuff up. Like I said in a post or two up above, there is a gal who ran the breath testing program outside of Houston under felony indictment for manufacturing calibration and maint. records. Don't be so naive that this stuff doesn't happen. It happens with breath testing, DNA, all sorts of stuff. That is why the NIH was recently commissioned to review all sorts of forensic evidence recently and list what was reliable or not. Other than fingerprints and DNA, not much was. It did not meet the standards for scientific reliability. So the gov't had the gov't check itself out, and the gov't said there was lots of problems with forensic testing. I guess we better not believe that either. Travis

If a police officer stops a speeder and notices that he's "completely trashed", how and why would he ignore that? Freedom of movement is a great right, but if a person puts himself and others at great risk in the course of exercising that right, he should no longer use that means of movement and instead take a bus or taxi, where he's less of a danger to himself and others. Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. Completely trashed. As well, at that time of night, there are lots of people trying to make it home from bars in varying states of drunkenness and the police are likely looking for any signs of impairment. This guy was speeding. We don't know if that was the only thing about his driving that drew the officer's attention. As someone pointed out already the number is probably .13 because you are not trashed at a .013. By way of reference the "legal" limt is .08 in every state now. A .013 is a blip on the radar. Even if the number is .13 it does not mean he was "trashed." There is probably a video of him doing the field soberity tests so that is going to be one way to know. The number from the Intoxilyzer means NOTHING. It is a machine, purchased by the govt. One of the questions I ask of potential juror's is finish this sentence: If theGovt. bought it, it has to be "blank", now fill in the blank. It is not specific for alcohol (think about that for a minute), it's has technology less advanced then your microwave (eprom chip), having a fever, or naturaly high body temprature will cause it to read high, chewing on white bread and blowing into it, without any alcohol in your system will cause it to read positive for alcohol, if you are a painter you should never blow because you are going to read positive all day every day, etc., etc. etc. Don't ever take a number the Govt gives you and assume it is accurate. Travis Which is probably one of the worst defenses to go on IMO. Any good prosecutor will come to the table with necessary documentation ie maintenance, and validation records to disprove faulty equipment. I am sure this angle is tested at every trial and would assume is mostly debunked. Well that is the problem when you assume. That is the whole problem with this thread is that people are assuming because of the number .13 he is drunk, needs AA, rehab, is going to kill somebody's mother, cause GM to go bankrupt, whoops, can't pin that on him, but everything else we should. These machines are mainted by the Govt., you are in private sector so maintance and so on is quite different. As you know, way better than I, maintance and QC are required for hospital and medical labs to be qualified to received medicare and medicade payments so they are going to make sure they are properly maintaned and up to spec,. Bottom line is that it costs them money if they don't. The same is not true for breath testing equipment. The requirements for maintance and inspection vary from state to state. In Colorado for example, an agency seperate from law enforcement maintains and calibrates them and administers the testing. Their breath testing is seperate and independant from law enforcement. In Texas, on the other hand, each law enformcent agency has it's own breath testing program, which are all admistered by the Texas Highway Patrol (DPS). There are NO regulations or guidlines on how much maintance and calbration is done. Each program gets to decide on his own. (I know that must blow you away given your background. My two best types of jurors in a breath test case are medical lab equipment people and EE's). But you say, well the manufacturer has a manual that provides for maintance and inspection and service. Wrong, the manual is printed in the way the State wants it. The Breath Testing Manual is specific for Texas, and they can as little or as much in there as they want. The head of the breath testing program outside of Houston, for 4 or 5 counties, is under felony indictment for faking and forging maintance and claibration records on the machine down there. She was on a private contract, she was paid the same whether she did a lot of calibrations, or none. They are going to have to throw out, or retry about 300 or 400 DWI cases because of it. I think she should get the max of 10 years prison time, or at least have to go to rehab, AA's, and MADD meetings for the rest of her life, whether she drinks or not. So don't assume anything when it comes to breath testing equipment, it varies greatly from state to state. Travis

Wrong. While it is illegal to drink and drive at the same time while you are driving in every state now, it does not mean you are DWI/DUI/OUI. It is called an open container violation. Drinking and then getting behind the wheel of a car is not illegal, not in any state in this country. There is nothing to indicate the co-workder had an open container in his car, the subject we are dealing with DWI. You are free to have your opinion about whether it is stupid or not to drink and then drive, but it is not illegal. That is the problem, people think they know what they are talking about in this area but haven't the first clue except what read that the Govt. and MADD campagins put out. "Drink, Drive, Go To Jail." Well unfortunatley it's just not the law. I think it should be the law, I think it should be no alcohol in your system if you get behind the wheel of a car. It would make me a bizillionaire, but it just makes since. I mean why kid ourselves, as long as it is legal to drink and drive people will. Arizona was going to require that evey new car sold have an ignition interlock device installed in it (have to blow in it before your car will start, it if detects alcohol, won't start). Everyone was on the band wagon until they saw what the cost to the voters was going to be. Drinking and driving is not illegal, it is legal. If fact we make it convienient. When is last time you were local 7-11 at 3 or 4 p.m., (maybe it's call Sack-O-Suds where some folks are from), ever notice that giant horse trough sized cooler covered in ice, with every flavor and size of beer being cooled down for folks to buy on their way home. Of course they don't open it until they get home, and those paper sacks that cover just the label are so condensation doesn't drip on your new leather. Almost every bar or resturant that serves alcohol that I have seen has a parking lot. Travis

You are a responsible drinker and driver. You fit the exact profile of 90% of my clients. They have never been arrested for anything in their entire life, they are pulled over for one reason or another that has nothing to do with bad driving (speeding, not headlights, light out) after having 2 beers or two glasses of wine with dinner and the next thing you know they are arrested for DWI. Most are smart enought to refuse the breath test, but some are not and then and they end up with a high breath test for one reason or another. They look great on their video doing the field soberity tests. 95% of the cases where the person does not blow I'm able to get dismissed or reduced to a non-moving violation. Some still have to do probation and take the classes a person conviced of DWI would have to take. On the cases where there is a breath test, 90% of those cases have to go to trial and I win 80% of those. As I mentioned before, 90 to 95% of these folks never have another problem again. Unfortunatley, 5 to 10% are repeat customers, and a lot of them do need some type of help, and we try and get them some. Winchester, you take good precautions and are responsible, but so are 90% of my clients. Two drinks, driving home, arrested, and away we go. (By the way, 1 beer equals 1 glass of wine equals 1 1/2 oz of 80 proof alcohol, they are all equivilent as far as you body is concerned, but some people feel that they it effects them differently so I understand why you limit yourself to beer if you are going to drive). Your co-worker friend could easily have had only two beers and posted a .13, it happens all the time. It is caused by mouth alcohol instead of deep lung air (aleviolar). It is too complicated to get into all of the problems with the machine here, but don't judge him based on a govt. machine's number. It means nothing. Get your co-worker friend to a good DWI lawyer, I know two very good ones there, and his life and job won't ruined. It will cost him to be sure, and he will probably learn a valuable lesson, even if it is only never blow. Travis