DUI, unlike any other criminal offense, is not based upon the intent to commit a particular offense. It is, instead, a decision by the government to impose a punishment based upon your body’s reaction to a substance that is legal to consume.
Instead, it involves an error in judgment based upon the psychological impact of intoxication (the high of being drunk) being inconsistent with the physiologic impact of the absorption, distribution, and elimination of ethyl alcohol.
To establish that you are guilty, the government must prove that you “imbibed a sufficient amount of alcohol such that such that the alcohol concentration in the individual's blood or breath is at least… “ In other words, they are making a generalization comparing you to everyone else based upon standards established with limited scientific study.
As an example, the breath testing device currently in use by most police department in Central Pennsylvania anticipates that your breath temperature will be 34 degrees Celsius. (93 degrees Farenheit) This was based upon a scientific study involving six (6) participants. In later studies involving thousands of participants, it was determined that the average person’s breath temperature is 35 degrees Celsius. (95 degrees fareheit). Other studies have shown that the conversion rate at 34 degrees Celcius actually causes a substantial overestimation of Breath Alcohol Concentration (BrAC).
However, when measuring Blood Alcohol Concentration (BAC) the standardized procedures in place do not a very important aspect of our blood makeup. Our blood consists of cellular material (Hematocrit) and Liquid (Serum). The hematocrit Ratio is different in each of us. When measuring Blood Alcohol Content, the device does not consider your individual Hematocrit Ratio.
Why does this matter? Because any person who has ever head a cup of coffee that is too strong or too weak knows that you have to measure the water and the grounds. Two tablespoons of grounds in 3 cups of water makes for a very strong cup of coffee. Two tablespoons of grounds in 4 cups of water is just right. Now, converting that to blood science, the answer is this… If the analysts does not know the amount of serum, how can they determine the exact amount of alcohol in the serum? The answer is ‘They can’t.”
This is a science. Because it is the science of the human body, it requires specialized medical knowledge.
The Morgan Law Firm is the only firm in Central Pennsylvania with a Registered Nurse / Legal Nurse Consultant on staff.
Your medical condition can affect your ability to perform field sobriety tests, your breath testing results, and/or your blood test results. Your medical condition is vitally important to your defense. Therefore, we want to know if you have now or have every been diagnosed with any of the following: Diabetes, Hypoglycemia, Multiple Sclerosis, Epilepsy, Herniated Disk, Liver Disease, Kidney Disease, Anemia, or any other medical condition which affects your balance such as back problems, leg problems, or difficulty balancing.
In addition, we will want to know if, at the time of the DUI arrest, you were suffering from the following: Concussion or Head Injury, Blunt Force Trauma (car accident), or Fever.
If I recommend your case for trial, I may ask for your authorization to release your medical records to me (only me) for the purpose of a full review to determine if your medical condition impacted your case.
If you medical condition impacts your case, it can be a viable defense.
The Associates, Senior Attorneys and Staff of my firm represent individuals charged with DUI throughout Pennsylvania. In every case, including those eligible for the ARD Program, we always perform a full and fair evaluation of your case.
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