Drunk Driving
One of the worst types of accidents is the one that could have been prevented. Probably the most common type of "accident" that is 100% preventable is the drunk driving accident. Drunk driving accidents often result in catastrophic injury or death. The number of drunk driving accidents in the United States has reached epidemic proportion. Statistics show that 3 out of every 10 people in this country will be involved in an alcohol-related crash at some point in their lives. If you are or have been in that group of "3," an experience personal injury attorney may be able to help.

Sobering Statistics

According to the National Highway Traffic Safety Administration (NHTSA), two years ago, motor vehicle accidents involving alcohol accounted for 1,1719 deaths in the US. In 1,250 of those cases, the driver was legally drunk, which means his blood alcohol concentration (BAC) was at or above .08 percent. While the BAC level for being legally intoxicated varies from state to state, most states are right around .08 percent.

If you are caught driving after drinking, you may be charged with a DUI (driving under the influence) or a DWI (driving while intoxicated). You may also be charged with either of these if your driving is impaired due to the use of drugs such as marijuana, prescription drugs, or cocaine.

Since drinking and driving is a crime, if you are caught you, you may be prosecuted and punished. However, the criminal justice system does not compensate the victims in drunk driving accidents; it merely punishes the offender. That's where personal injury law comes in.

One area of personal injury law focuses on drunk driving accidents. If you have been the victim of a drunk driver, you may be entitled to receive monetary compensation for:

• Medical bills • Rehabilitation • Lost wages • Future lost earnings • Funeral expenses • Loss of consortium • Pain and suffering

An experienced drunk driving personal injury attorney will have the expertise and resources to fight your case and win.

Effects of DWI on Driving Records
You probably don't need anyone to tell you that DWI Laws are strictly enforced. You can be charged with a Driving Under the Influence (DUI) if your breath test indicates a blood alcohol concentration (BAC) of .08% or more. If your breath shows .04% to .07%, you can be charged with the lesser offense of Driving While Impaired (DWI). These are two convictions you want to avoid. Regardless of what the actual charge is, any DWI-related offense can ruin an otherwise-good driving record.

In Maryland, a drinking-related offense can permanently tarnish a clean driving record and affect your life in many ways:

• Increase in car insurance premiums • Employers will have access to your driving record

People with a DUI or DWI on their driving record have, in some cases, petitioned the court to have their record expunged after ten years, but this may not happen in your case. In fact, due to how seriously Maryland takes it DWI offenses, having this expunged from your record probably will not happen.

Insurance Rates Following a DWI

After your automobile insurance company is notified that you have been convicted of a DUI or DWI, your rates will increase substantially, if it does not get cancelled altogether. If one insurance company cancels you, you can certainly expect that others will not be thrilled to sign you on, either.

After being convicted of a DUI or DWI, you will be required to file what is called an SR-22 form to get what is called Maryland SR-DD insurance, which is required for a period of three years after a drunk driving conviction and can be very expensive. If your insurance policy lapses for any reason (or is cancelled), your insurance company will notify the Maryland Department of Motor Vehicles, and your license will be suspended until you find a new insurance company who will cover you and then you will file a new SR-22 form.

Effect on Employment

If you are required to drive as part of your career or job, you DUI & DWI Conviction will, in some cases, place your job in serious jeopardy, especially since your license will be suspended. If you have a Commercial Driver's License, the trouble is even compounded because the penalties for a DUI with a CDL are even more serious.

Some jobs that are difficult to maintain or get following a DUI or DWI conviction include:

• Child care work • Healthcare work • Government work • Law enforcement

DWI and DUI; Source Code Defense, Minnesota Supreme Court Rules

What is a Source Code?

In simple terms, the source code is the computerized language that operates a device. It provides the device with a set of commands on how to analyze data and even when to turn "on" or turn "off." Source codes are used to operate your computer, your microwave, or your cell phone. They are also used to operate devices used in DWI cases to determine blood alcohol content.

What is the issue?

As anyone who has used a computer knows, coding errors can occur. Source codes are not infallible. They are subject to human error, mechanical failures and even malicious coding. Treating them as infallible in court when it comes to testing blood alcohol in the breath, violates due process of a defendant when that defendant is unable to seek independent testing of the code used.

The Legal Issue?

In 2006, defendant's in a DWI case in Florida sought the computerized source code for the breath testing device used in DWI offenses, a version of the Intoxilyzer 5000. The source code, it was argued, was necessary for testing to determine if proper programming was included in the device so that it was accurately assessing blood alcohol concentrations.

The issue with the request that occurred was that the manufacturer of the Intoxilyzer device, CMI, Inc., of Kentucky, considered its source code a trade secret and, as a result, refused to release it to the state to be turned over as discovery to the defendant. Ultimately, the Florida Court refused to require the state to provide the defendant, Todd Moe, the source code.

Similar challenges began to spring up in many states. In Minnesota, two Dakota county cases raised the issue. In those cases, State v. Underdahl, and State v. Brunner, the lower trial courts ruled that the source code was discoverable and had to be turned over to the defense. When the company, CMI, Inc., refused to part with its source code, the breath test results were suppressed. The cases were appealed, finally making their way to the Minnesota Supreme Court for review.

On April 30, 2009, the Minnesota Supreme Court issued its ruling on the two combined cases.

It decided that computer source code for the intoxilyzer 5000 machine is within the control of the state and that it must be turned over to defense counsel when the defense makes a showing that the under the Minnesota Criminal Rules of Procedure Rule 9.01, subd. 1, provided, however, a showing is made that the information may relate to the guilt or innocence of the defendant or negate guilt or reduce the culpability of the defendant as to the offense charged.

The end result is that the Minnesota opinion provides defense attorneys a template by which they may seek the source code in cases where computerized analysis of breath samples occurs. It does require, however, that the defense, provide a reasonable basis as to why the code is relevant to the guilt of innocence of the individual in more than general terms. In most instances expert testimony related to the nature of the source code and how errors may occur would be necessary coupled with any indicia that errors have occurred historically. Ultimately, if CMI, Inc. continues in its refusal to provide the source code to the state, challenges to the admissibility of breath test results in DWI cases will continue to increase and provide defense attorney's a much needed tool in combating the reliability of the Intoxilyzer 5000