Archive for the 'Car and Safety' Category

Keeping a ethylotest kit in your vehicle for everyones safety

Most people don’t have a clue as to how much drinking is too much and imagine that having just another beer would not cause any harm or create any problems while driving. This however is wrong because everyone does not have the same tolerance levels and various factors such as age, weight and how quickly you become inebriated can make the difference between life and death. Since each person reacts in different ways to alcohol, it’s never alright to take chances and whether you’re a light drinker or heavy drinker it’s always better to check your own levels by using a breathalyzer.

Using an ethylotest or breathalyzer should not only be to keep the law away but also for reasons of safety; yours and other road users as well because it takes only a seconds indecision to cause an accident that could very well cause death. This is mainly the reason for France to decree a law which makes ethylotest obligatoire by November 2012 making it mandatory for every vehicle to have a breathalyzer in it. Although many people are up in arms about the new law, people should be happy that it has now become mandatory for them to test their alcohol levels before getting behind the wheel.

There are many instances where people drive home after a diner or get together regardless of how   intoxicated they are,  believing they are able to drive safely.  Maybe nine out of ten times they will be lucky but that one occasion is enough to let their guard slip which can result in a horrendous accident that can cause life and limb. Forget accidents; think of being pulled over by a policeman who suspects you’ve been drinking and driving? An ethylotest would have prevented a lot of woe where you wouldn’t have put yourself at risk.

In many countries the legal standard for drinking is 0.8 and anything above is considered being drunk. What anethylotest does is check the level of alcohol in blood by making the suspect blow into an apparatus.  It is believed that any alcohol in the blood goes straight to the brain and impacts on the person’s cognitive functions such as not being able to think clearly, or drive his vehicle skillfully resulting in accidents and injury.

In most states in the USA talented DUI lawyers are able to get their clients released from all charges by arguing about the state of the apparatus, accuracy of the reading and how legal it was to stop a person who was not involved in an accident. While this might be a relief to those who has been charged, it only means they will go on making the same mistake of drunk driving without bothering to take a ethylotest  that would keep them and other road users safe.

In the circumstances, the law passed by the French making the ethylotest obligatoire should be lauded because now at least the French drivers will be more cautious when they get on to the road and ensure they have their ethylotest device for any eventuality. There are different types of devices based on various methods that can be bought from most pharmacies with prices ranging from a couple of dollars for a disposable ethylotest kit to a portable handheld device that can run to hundreds of dollars.  If the law doesn’t state what type of device should be used, buying the least expensive ethylotest apparatus could serve just as well.

 

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Is it permitted to refuse an ethylotest?

We hear and read about so many instances where drivers are charged with drunk driving that have caused accidents; sometime fatal ones. A driver who is found with an over the legal limit of alcohol in his blood is charged in a court of law and if found guilty, remanded, fined or sent to prison depending on the seriousness of the accident. But how do the police find how drunk they are is the question and this is where the breathalyzer comes in.

A breathalyzer or ethylotest as it is called in France is a device that is used to analyze the breath of an individual who is suspected of having over the legal limit of alcohol in his blood.  It is usually done by law enforcement officers that arrive on the scene after an accident or stop you on the highway on suspicion of drunk or erratic driving.  The results of any ethylotestare supposed to determine the levels of intoxication and if over the limit you can be arrested for drunk driving and remanded.

While anethylotest obligatoire in certain countries, it’s not so in others, resulting in many drunken drivers getting away with it by having lawyers that can argue about the procedure. There’s no doubt that it is crucial for other road users to be safe from drunk drivers, but there are many circumstances that play a major role in determining how guilty or innocent a driver is and a thin line can be drawn between the two. Among the various arguments that take place are situations where the equipment used for the ethylotest is faulty or the reading itself is not a true barometer of the percentage of alcohol in blood.

How successful a defendant is will rest mostly on his defense lawyer who will no doubt question the results of the test, Accuracy of the ethylotest device, how well maintained it was and in what circumstances the police officers stopped the driver for questioning and testing his blood alcohol levels. Other defense arguments could include your driving record if it has been spotless for a long time and also your mentality at the time of being tested; such as being overwhelmed and stressed, all of which impact on the ethylotest resulting in high readings that could be a result of your anxiety.

Devices that are used for the breathalyzer is varied according to each country, but it’s always a case of blowing into the box, balloon or some sort of apparatus where the blood alcohol concentration (BAC) in your blood is checked from the breathing sample you provide. Anyone over the legal limit of 0.8 of blood alcohol would be considered guilty and arrested forthwith.

While it is important for drunken drivers to be taken off the roads, there can be extenuating circumstances that makes a person not guilty, and if so;no time must be wasted incontacting a DUI lawyer to represent you. Although it’s possible for anyone to refuse the ethylotest, its better not to do so since this might be taken as an admission of guilt. In countries where ethylotest obligatoire, you cannot refuse the test which will put you in hot water in view of such countries already having their rules in place to arrest drunken drivers;  no mater what the circumstances are.

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How successful will the ethylotest obligatoirebe in France?

As recently as on 1st July 2012 abreathalyzer was made mandatory by the French Government and a grace period up to November 2012 was given for all vehicle drivers to keep in their vehicles the necessary equipment for anethylotest. This has been made compulsory due to the high rate of drink driving accidents that are taking place and a rule that already prevails in many countries around the world.

However, there are various practical problems involved in implementing the ethylotestwhich has made it difficult for law enforcement authorities. Being not a truly scientific method of testing the levels of alcohol in blood,  it is possible to argue in court that an arrest is illegal and a clever fast talking lawyer can always get his client released. Many argue that the devices used for the breathalyzer test does not always conform and are varied to a great extent.

Most arguments are based on the instances of ethykitest obligatoire being taken right after an accident which lawyers says cannot give out a correct reading. It is their stand any person hauled out of a vehicle by the police would be confused, scared and worried which itself is enough for an erratic heart beat that would more often than not be sufficient to affect breathing patterns in some individuals. This has found to be true even in cases where no accident has taken place although the arrival of police on the scene has caused even the calmest of drivers to become flustered resulting in the ethylotestbeing regarded as being unfair.

In some countries it’s permitted to refuse the breathalyzer especially if the individual is aware that his blood alcohol level is above the allowed limit. This however might prove to be counter productive where such refusal can be regarded as an admission of guilt. But everything depends on the state laws and whether the ethylotest obligatoire or not. If it’s not, refusing to take the test cannot be used as evidence against that person in a court of law.

Wherever it has been   decreed that anethylotest obligatoire such as in France,it’s in the best interest of its citizens to get used to facing the test or face the consequences of refusing to do so which will be considered a misdemeanor by the police from November 2012 onwards.Knowing the situation, its best to be ready with a breathalyzer kit that is properly calibrated to provide at least a near correct reading of the alcohol content in blood.

There are many companies that now make available to drivers ethylotest kits that can help them check their own blood alcohol levels before they get behind the wheel. Breathalyzers are said to be inexpensive and most drug stores and retailers stock them and buying them from a certified manufacturer might be necessary once the rule is legally implemented

While carrying out a ethylotest obligatoire is seen as a good piece of legislation to reduce accidents that take place due to drunk driving, how far it will be successful is yet to be seen when you consider the various loop holes that can be used by drivers and lawyers to avoid being charged in a court of law resulting in no one adhering to it in the end.

 

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