Portsmouth Legal Blog

Some people in Virginia have medical conditions that may cause false positives on a breath test for blood alcohol content. An attorney for a man in Texas got the man's DUI charge dropped because the man was in ketosis from his low-carb diet. In ketosis, people may breathe out isopropyl alcohol. Not all breath tests can tell the difference between isopropyl and ethanol alcohol. Diabetes and GERD are among the other conditions that could cause a false positive for similar reasons.

A professor of forensic technology wrote a paper in 2006 about a man on a low-carb diet who could not start his company vehicle. The vehicle's ignition was equipped with a device that required a breath test. According to the professor, fuel cell breath analyzers may return a false positive. The Texas attorney reports that no peer-reviewed studies have established that such technology can distinguish between the two types of alcohol, particularly if a person has a small amount to drink. However, manufacturers say that they can.

When creating an estate plan, it can be easy for people in Virginia and elsewhere to overlook digital assets. Traditionally, estate planning is not set up to accommodate the newer existence of online accounts, and best practices for online security say passwords should never be shared. However, estate administrators or family members may need access. The problem is not just one of personal finances either. After the sudden death of the owner of a cryptocurrency exchange in December, it was revealed that the password had not been shared. The clients, who have a total of $190 million in investments, may never recover their cryptocurrency.

A person who needs to make sure one or more people have access to his or her digital accounts basically has three options. The most insecure route is to simply share passwords with those individuals. The drawback is that this would require writing down the passwords if there are many of them. Another alternative is to write down the passwords but place them in a safety deposit box. While this keeps them safe, it can be difficult to keep the list up to date since every password change would require revisiting the safety deposit box.

There has always been tremendous controversy surrounding breathalyzer tests used to convict suspected drunk drivers. Disputes continue over whether breathalyzer devices can always be relied upon in providing accurate readings.

Last July, when a news organization tested different breathalyzer machines, the results were not consistent. Yet the results of such readings often become evidence against Virginia residents facing DUI charges.

Breaking the news of your divorce to your child is difficult. But, if you're gearing up for divorce proceedings, you know that was just the start of difficult conversations.

Next, you'll need to address the actual implications the divorce is going to have on them. Here are a few things you should make sure to cover.