Frequently Asked Questions
Why does DUI Pro™ show a range of results?
As most experts will acknowledge, there are individual physiological differences
that produce a wide range of values for blood alcohol calculations. The default
settings for DUI Professional Version 3.02 are configured to within one (1) standard
deviation of the population, or 68%. DUI Professional combines the minimum "r" distribution
constant with the maximum elimination rate to achieve the minimum blood alcohol
level. Conversely, the maximum "r" distribution constant is factored with the minimum
elimination rate to achieve the maximum blood alcohol level.
Why does the Widmark Value differ between males and females?
The distribution of ethanol in the body is governed by partitioning between water
and fat. Since fat constitutes a higher proportion of the body weight in women than
in men, the resultant volume of distribution of ethanol in women is lower than that
of men. Accordingly, absorption of a given amount of ethanol will result in a higher
blood-alcohol level in women than in men of equal weight. This difference is further
enhanced as men typically weight more than women. (Textbook of Pharmacology, Smith,
Cedric, M.D. and Reynard, Alan, Ph.D., Page 251-252, Harcourt Brace Jovanovich,
Philadelphia (1992)).
Why can't I just do the calculations by hand?
The limitation of the Widmark calculation is that, by itself, it does not take into
effect the rate of alcohol absorption and elimination in the human body. Therefore,
to determine an accurate result, both processes must be factored into the equation.
On an typical analysis, DUI Professional may perform over 2,000 distinct calculations
to arrive at a result.
How does DUI Pro™ calculate when each drink is consumed?
Our research revealed that clients find it extremely difficult, and often impossible,
to pinpoint the exact time that they consumed each individual alcoholic beverage
during the course of an evening. Although such recordation is quite acceptable in
a laboratory setting, it is simply not reasonable to expect social drinkers to keep
track of such data. Many attorneys reasoned that their clients simply considered
this type of information insignificant at the time of their alcohol consumption.
It was a priority of our design team to make the software not only accurate, but
practical as well. Accordingly, DUI Professional does not require the analyst
to enter the exact time that each drink was consumed, rather it assumes an even
drinking pattern. DUI Professional uses a "Start Time" and "Stop Time" to reflect
when alcohol consumption began and then ceased. The total drinking time is then
automatically divided by the number of drinks to determine the frequency
the drinks were consumed. For example, four beers over a two-hour period would equal
one drink every 30 minutes.
Why doesn't
DUI Pro™ utilize the "Total Body Water Approach"
to calculating blood alcohol levels ?
Our research concluded that for the overwhelming majority of calculations, the TBW
approach was not nearly as widely accepted as the standard Widmark/Dubowski method.
Rest assured, however, that our program designer was aware of the modified approach
to calculating BAC as proposed by Patricia Watson and her co-workers in New Zealand.
( See: Watson, Watson and Bratt, Prediction of Blood Alcohol Concentrations in Human
Subjects: Updating the Widmark Equation, 42 J. Stud. On Alcohol 547 (1981)
) Nevertheless, the decision to incorporate the more accepted methods of calculation
approved by Widmark and Dubowski was made for the following reasons:
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The courts are most familiar with calculations made by experts utilizing the Widmark/Dubowski
method;
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When considering your request for a reduction to "Reckless Driving," prosecutors
are more likely to give credence to the results of your DUI Pro Pharmacology Report
if it is based on a formula which they themselves have overwhelmingly endorsed;
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Studies have revealed that in most cases, BAC calculations performed utilizing both
Widmark and the "TBW Approach" achieve virtually the same results;
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That the Widmark method is most applicable for the majority of the population since
calculations performed by the "TWB Approach" only benefit when the subjects are
significantly underweight or overweight. (Note: BAC results obtained through
the "TBW Approach" are often higher for significantly overweight individuals and
lower for those persons significantly underweight. Watson’s findings are based on
the premise that a significantly overweight person, for example, should have a lower
percentage of body water than should a person of normal weight;
How difficult is it to install DUI Pro in my computer and will it require much
practice or effort to have the software calculate my first blood alcohol level analysis?
DUI Pro contains an auto-install function that activates by itself. You
simply insert the CD ROM in the tray of your PC and the software does the rest.
The program is extremely "user friendly." Demonstrations at seminars have repeatedly
proven that lawyers with no computer skills whatsoever, are able to easily access
their first analysis and print a client report. This ease of use is facilitated
by the program’s ability to prompt the user for entry of data -- one piece at a
time. For example, ("enter weight of subject," "select type of alcoholic beverage
consumed," "enter number of drinks consumed.")
New users of DUI Pro report that that the software was immediately fun to use and
that they experienced very little "learning curve," if any.
What are your technical support policies?
DUI Professional Software is provided with online help that usually can
resolve most questions. However, you may contact us for questions about the
product. DUI Professional Software's 800 number cannot answer technical questions
regarding the program, all queries must be submitted via email with the understanding
they may be published on this website in a support database.
In what way can DUI Pro™ enhance my advertising?
If you advertise in the yellow pages or use direct mail marketing, DUI PRO can set you apart from other attorneys whose ads are clamoring for the attention of the same new clients. This software will provide you with a serious competitive edge by improving the effectiveness of your law firm’s advertising. DUI Professional generates new clients simply by extending benefits not afforded by competing law firms. Below you will find examples of some advertising language adopted by registered users of DUI Pro:
"Our office uses state-of-the-art software to check the accuracy of your breath test results."
"Was your extrapolated blood alcohol level below the legal limit at the time of driving?
"Our office uses state-of-the-art software to check the accuracy of your breath test results and to determine what your blood alcohol level would have been at the time you were driving…not when you were blowing into the machine!"
"State law prohibits the operation of a vehicle at an unlawful blood alcohol level at the time of driving…not at the time of breath testing. With your assistance, our computer software can calculate what your blood alcohol level would have been at the more appropriate time. We can then print a pharmacology report of the results that may be of great help in our negotiations."
The DUI Pro™ logo is very effective. Can I use it in my own advertising?
By purchasing the software, you become a registered user. Registered users are permitted to use the logo in their advertising materials, so long as the advertisement is limited to the solicitation/advertisement of legal services, and not to advertise any product or other form of service. In addition, the "permitted use" of the logo contemplates only the use of the logo in its entirety. This requirement necessitates your inclusion of the qualifying language that appears below the logo, to wit: "Alcohol Analysis for Attorneys." We recommend that if you choose to utilize the logo in your advertising, you place the graphic and accompanying language in close proximity to the advertising examples set forth above. (As with all attorney advertising, lawyers are well advised to seek prior approval of advertising copy, photos, or graphics from their state bar governing organizations prior to dissemination or publication of their ads.)
How can DUI Pro™ help me during initial consultations with new clients?
DUI Professional was created for lawyers. Attorneys with little or no prior computer experience are thrilled with its ease of use. The software literally prompts the attorney for information about the client’s case. New clients who visit your office for a free initial consultation will be even more impressed! You will find that DUI Professional "breaks the ice" and facilitates an immediate rapport. With the click of a mouse, you can become intimately involved with the prospective new client by having him assist you in responding to the computer’s questions. Clients are then quick to recognize that you are competent in this area of the law and that you are armed with the necessary tools to assist them.
Can you explain why a client may be more likely to retain me if I use DUI Pro™ during the initial consultation?
"It is psychologically much easier for new clients to make the leap to retain you because you have already actively involved them in the representation of their case." DUI Professional helps to establish two essential elements that new clients are unconsciously searching for. Trust in your expertise and confidence in their ability to communicate with you.