Tuesday, May 21, 2013

California Highway Patrol uses silly Goggle Test to attempt to show simulated driving at .07%, San Diego DUI attorneys wonder

A new, controversial proposal seeks to lower the limit to .05%.  California Highway Patrol got a San Diego reporter to do a simulated test, DUI lawyers are told, in hopes of convincing the public this BAC law is needed.

In the old days, track drivers would actually get drunk and drive to test the ability to drive drunk, say California DUI attorneys.

CHP wants to show folks that drivers can be impaired at .07%.  DUI arrests can be at .07%.

San Diego California News 8 reporter Carlo Ceccheto put on preset .07% simulated "fatal vistion goggles" without any information on how those goggles were determined to be consistent with a person with a .07% BAC!

The reporter hit 3 cones in the first track but what driver wears goggles while driving on a windy road a la "slow weave in a simple slalom course"?!

Naturally goggles will show some disorientation but that does not mean the person is drunk at .07%, exclaim California DUI lawyers.

California Highway Patrolman Pennings did these silly goggle tests with little explanation.  The second track had a slalom course that was wider, making the "goggles" difficult to drive while on.  Naturally the reported slammed into a cone.  The reporter pointed out the goggles made driving difficult because of the disorientation.  The goggles made vision blurry and affected the driver's equilibrium.  What it has to do with .07% no one knows.

The third silly goggle test was parallel parking.  The reporter again wore silly goggles while trying to park and keep the vehicle straight.  It was difficult with the goggles and the vehicled was sticking out one foot in excess.

Still wearing silly goggles, the California Highway Patrolman had the reporter do San Diego DUI field tests.  Goggles in place, the reporter took a few steps and had balancing problems.

These tests do not support the lowering of BAC to .05, say California DUI lawyers.  They simply show there are problems with goggles on.

How to get to a .05% DUI limit?  San Diego's channel 8 suggests 3 beers gets a hundred-seventy man there and 2 beers gets a hundred-twenty woman there.  In reality, in addition to weight and sex, there are many other factors including varying absorption & elimination rates among individuals, physiological differences, body fat %, reliability of testing gadget, proper administration, and a number of scientific and physical factors which come into play.