Saturday , December 10 2016
  • Cases Can Be Won

    Cases Can Be Won

    Many people mistakenly believe that there is no hope of avoiding a DUI conviction. In a large number of cases, legal and factual defenses may be used to obtain an agreement to a reduced charge or even a not guilty verdict.

  • Know the Science & the Law

    Know the Science & the Law

    Educating yourself is the best way to contest a DUI charge. Leading DUI lawyers provide up to date information and knowledge on this site. Click on the “Find Your State” link above to find out the latest developments in your state.

  • Find the Right Attorney

    Find the Right Attorney

    Knowledge, skill, and experience are exceedingly important in criminal law and particularly in the field of DUI defense. Second chances are rare. The attorneys featured on this site are recognized for excellence by their peers, keep pace with changes in science and the law, and focus their practices on criminal law and DUI defense.

DUI News and Laws

Welcome to the DUI News Blog. Some of the best DUI defense attorneys from across the country have been selected to provide the public with current information and analyses of legal issues relating to the defense of Driving Under the Influence cases.

Copyright © 2011-2014. All rights reserved. Re-publication or redistribution of this content is expressly prohibited without the prior written consent of Steven Oberman.

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  • Additional Information

      Please note that for the purposes of this website, DUI (Driving Under the Influence) may be used synonymously with the abbreviations and terms used in other states such as OWI (Operating While Intoxicated), DWI (Driving While Impaired), Drunk Driving, etc.

  • Terms of Use, Disclaimer and Privacy Policy

      As noted in our “Terms of Use and Disclaimer,” any contact made through this website, including, but not limited to, email, electronic submission, and/or telephone communication, does not establish an attorney-client relationship with any of our contributing lawyers. Furthermore, as explained in our “Privacy Policy,” any electronic communications transmitted over the internet, electronic communications sent to our blog or to a particular lawyer (e.g. email, contact form submissions) are not confidential.

  • How to Use Our Blog

      You may search our blog entries by a particular State or Topic. Alternatively you may view all our blog entries by selecting All Entries on the menu bar above.

      To select blog entries for a particular State, either click on Search By State on the menu above and make your selection from the included map or select from the list of states. You may also use our list of Contributors on the right-hand side of the page, which are listed alphabetically by State.

      Should you prefer to read about DUI-related topics in general, you may select Search By Topic on the menu above. This option allows you to enter your own search term, such as “field sobriety tests,” “blood alcohol tests,” “new DUI laws,” or “sobriety checkpoints.”

      You may also learn more about our DUI Defense Attorney Contributors by clicking on the names on the right-hand side of the page.

  • We hope you find this blog informative and welcome your comments. Be aware that laws change frequently and differ significantly from state to state, so don’t hesitate to contact a representative from your state of interest. Please email any questions about this blog, or topic of interest to duinewsblog@gmail.com.

    Recent DUI Posts

    Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

    On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

    Part II: Is your Client Inadmissible to Canada? A 6-step checklist

    The best way to determine whether an individual is criminally inadmissible to Canada under Canada’s Immigration and Refugee Protection Act (IRPA) is by breaking down the statute that establishes inadmissibility into six steps. As we have seen in Part I, it is important to establish whether or not the individual is a Canadian citizen, whether the conviction is relevant to Canadian immigration authorities, and whether the offence equates to Canadian federal law. There are also three further considerations that will ... Read More »

    Part I: Is your Client Inadmissible to Canada? A 6-step checklist

    Criminal Inadmissibility                  The best way to determine whether an individual is criminally inadmissible to Canada under Canada’s Immigration and Refugee Protection Act (IRPA) is by breaking down the statute that establishes inadmissibility into six steps. For your reference, here is the text of S. 36 of IRPA: 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (a)having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term ... Read More »

    UPDATE ON DRAEGER LITIGATION

    The Massachusetts Supreme Judicial Court recently modified the scheduling order set by the District Court Department regarding the defense bar’s challenge to the scientific reliability of the Draeger Alcotest 9510 breath test machines. Justice Botsford, citing the complex nature of the matter, extended the litigation into next year. The modified schedule allows the defense bar more time to examine the machines and for all parties to produce and review expert opinions. Pursuant to the modified schedule, the defense bar must ... Read More »

    DUI by Prescription Drugs

    During your next visit to your doctor, she prescribes a muscle relaxer, or a “nerve pill” or cough syrup (your choice). You stop by the pharmacy and take the prescribed amount while there because you need immediate relief. On the way home, you are stopped at a red light when you are rear-ended. Once the police arrive, you are ultimately arrested—even though you did nothing wrong! Can this be legal? Unfortunately, it occurs far too frequently. Most people are unaware ... Read More »

    • Ignorance of the Law is an Excuse

      On December 15, 2014, the United States Supreme Court handed down a monumental case in the world of criminal justice. The U.S. Supreme Court declared in Heien v. North Carolina that ignorance of the law for a police officer is indeed an excuse justifying an otherwise invalid traffic stop. On April 29, 2009 shortly before 8:00 am, Sergeant Matt Darisse of the Surry County Sheriff’s Department pulled over Nicholas Heien on Highway 77 for having a brake light out. This ... Read More »