Posts Tagged ‘Sobriety Test’

Since 2007, the life of Brook Muller, one of Hollywood’s most prominent real estate investor has been nothing but mishaps and bad experiences. As many of critics of her marriage had predicted, her life since then have taken the same trend of those other women who had been involved with her husband Charlie Sheen. Since then, Brook Mueller has racked up charges of abuse, DUI and cocaine possession all that has not done anything to help her reputation. In addition, she also had to check in to rehab for alcohol abuse while pregnant with twins.

Brook Mueller Checkered Pass

Not all persons were surprised with Brook Mueller’s run-ins with the law. Those who knew her during her younger years would know of past charges laid against her. The Christmas day arrest of her husband Charlie Sheen after he allegedly threatened her with a knife exposed that she also had a rap sheet dating back to 1996. In fact, the rap sheet showed charges of cocaine possession, drunk driving and property damage. Subsequently all charges were dropped.

Brook Mueller DUI

Brook Mueller was pulled over after she had damaged a road sign while driving her 1996 Chevy Corsica with three other friends in Palm Beach County. After checking on the status of the passengers who were all in good condition, the office instructed the occupants to step out of the damaged car. He stated then he noticed that the driver who was later identified as Brook Mueller almost fell down while trying to catch her balance while standing. He further noted that she had to use the car door as a support just to answer the simple questions he asked her. She had no recollection of hitting the street sign so he asked her to submit to a series of sobriety test. Of the six tests he gave her, she only passed one. As a result, she was arrested on suspicion of driving under the influence of alcohol. While at the Palm Beach County jail she admitted to officers that she had been drinking wine combined with Vicodin and had previously used marijuana and cocaine.

Brook Mueller Cocaine Charges

Fast forward to 2001, Brook Mueller had another brush with the law. This time she was arrested for cocaine possession while in Florida. She was released on bail bond of $5000. However, the case was ultimately dropped after test showed that she had no drugs present in her system.

Brook Mueller Christmas Day Spat

On Christmas Day December 2009, the police received a 911 call from a woman who was later identified as Brook Mueller stating that she was being attacked by her knife-wielding husband. This resulted in her husband Charlie Sheen spending a part of Christmas Day in jail after his arrest in the ski resort town in Colorado.


However, during an interview supported by subsequent tests by police officers, Brook Mueller stated that she was drunk. However, the test actually showed her blood alcohol content of 0.13. She however recanted her admission of being drunk when she made the call.

Many individuals abuse alcohol consumption based on the many myths surrounding DWI and the various tests carried out by DWI law enforcers to control the crime. These DWI myths range from the extremely weird to credible suggestions that simply are not scientifically correct. Some of these myths include:

1. Breath: Most individuals believe that the smell of alcohol on your breath is what gives the BAC reading. However, research has proven this is not so. Alcohol has no odor. The odor is generated from the other ingredients used to make the drink. As a result, an individual who consumes non-alcoholic beer will have the same mouth odor as one who consumes alcoholic beer. Research has also shown that odor level estimates for some high potent alcoholic beverages were off by up to .13, which is almost twice the legal limit.


2. Accurate Breathalyzers: Do not give up if you are pulled over for a suspected DWI. Research has shown that breathalyzer testing is not a 100% full proof method of declaring you were driving under the influence. Any experienced DWI lawyer can easily expose the accepted .01% inherent error of the system and this has now been accepted in courses nationwide.


3. Jury Trial: The format of DWI cases is not cast in stone. Accusers have the right to refuse judgment by a judge and request a jury trial. With its margin error of 30 – 40%, a jury is important especially when the circumstances of your charge are questionable. This request cannot be denied, as it is your right under the sixth amendment.


4. Guaranteed correct BAC Results: It is a known fact among law enforcers and DWI lawyers that the testing method for breathalyzers is not full proof. Arresting officers can easily manipulate the information generated by the machine to prosecute suspected DWI offenders. Tests have shown that the first few breaths blown into the machine has a less alcohol content than the last couple of breaths do. This is because the first breaths that exudes from the top of the lungs that has lower alcohol content. The last couple of breath will come from the bottom of the lungs, close to the alveolar sacs that are rich in alcohol content. With this knowledge, the arresting officer keeps yelling at the driver to blow hard into the test machine until an elevated result is reached. Studies show that some breath test under these conditions revealed an actual alcohol content of .14% when compared to the actual blood test results of .09%. Always inform your DWI lawyer of the arresting officer’s conduct.


5. Breathalyzers tell Blood Alcohol Content (BAC): Many individuals believe that a breathalyzer machine actually measures blood alcohol concentration level. This is understandable as the acronym BAC suggests. However, the breathalyzer machine only gives an estimate of the amount of alcohol concentration by detecting any chemical compounds that contains trace elements from a methyl group of elements. Correct alcohol content must be verified by a blood test that has also been proven to have a 5% margin of error.


6. Mandated Roadside Testing: Roadside testing is not mandatory. Suspected offenders can refuse the roadside sobriety test but must immediately make themselves available for a chemical blood test at their expense at the nearest certified medical facility.


7. Roadside Integration: Suspected offenders often believe they must answer all the questions posed to them by their arresting officer. Drivers have the right to remain silent about any questions pertaining to your impairment.


8. Sucking on Copper Coins- some individuals believe that sucking on copper coins following the consumption of alcohol can actually lower their BAC reading. They think the chemical content will affect the machines ability to calculate your BAC level. This has proven to be utterly untrue.


9. Being Alcohol Free: Being alcohol free does not prevent you from being arrested on a DWI. Test show that traces of marijuana and other high potent drugs remain in the body up to twenty days after being consumed.


10. Pleading Guilty: Many persons believe that just pleading guilty will eliminate the rigors of the court case and sets you along your merry way, however this is not so. After a guilty plea, your information is entered into the state’s system. If you are charged again for the same crime, you will be treated as a repeat offender and attracts a different set of rules.