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U.S. DUI News

Oklahoma Mandatory Jail Sentences and Costs

Incarceration in Oklahoma can leave released prisoners with an ongoing “debt to society” The combination of Oklahoma laws requiring mandatory minimum prison sentences and a state policy of making prisoners pay for the costs of their incarceration has led to a situation in Oklahoma that constitutes what some might call a “worst-of-both-worlds” result: overcrowded prisons, coupled with newly-released prisoners finding themselves confronted with substantial government-imposed debts that they find difficult if not impossible to pay. Oklahoma currently has more than ... Read More »

Tennessee v. Kennedy & Tennessee v. Wells – Blood Draws and the Fourth Amendment

Two Tennessee cases were recently decided concerning the constitutionality of mandatory blood draws of those accused of driving under the influence (DUI). This legal issue is highlighted in Tennessee Court of Criminal Appeals cases, State v. Kennedy[1] and State v. Wells.[2] Both cases discuss at length the constitutionality of the Implied Consent statute, Tennessee Code Annotated (T.C.A) § 55-10-406(f)(2) in relation to Fourth Amendment rights against unreasonable searches and seizures. Generally, T.C.A. § 55-10-406(a) provides that “[a]ny person who drives ... Read More »

A Case for Abolishing the 21 Drinking Age

Open the newspaper or turn on your local news and you’re probably going to hear a story about a drunk driving accident, alcohol related assault or alcohol poisoning. This story will most likely involve an individual between the ages of 18 and 24. If you were to continue to explore this issue you would find that among 18 to 24 year olds the rates of binge drinking and DWI’s have been increasing since 1998. Each year there are over 696,000 ... Read More »

ARE YOU REQUIRED TO ROLL DOWN YOUR WINDOW AT A DUI ROADBLOCK / CHECKPOINT?

There has been quite a bit of buzz lately about a video illustrating a Florida attorney’s creative advice on handling DUI roadblocks / checkpoints. The video suggests you hang your ID and other documentation outside of your rolled up car window in a zip-lock bag along with a note stating “I remain silent. No searches. I want my lawyer….”  In the video, this approach works like a charm, but that does not mean it is good advice for drivers to ... Read More »

Florida Man Goes Through DUI Checkpoint Without Saying A Word

In order to avoid an incorrect assertion of a person’s speech being slurred or the smell of alcohol or drugs wafting from the car at a DUI checkpoint, a man in Florida tested out a novel approach. Jeff Gray put his license, registration, and insurance information in a plastic bag out his window with a message from Fair DUI: “I remain silent No searches I want my lawyer” Apart from a few strange glances, Jeff made it through the checkpoint ... Read More »

The Tennessee Drug-Free Workplace Program and Drunk Driving

52.6 million American adults are binge[1] drinkers—more than Tanzania’s entire population, an East African country, of 49,639,138.[2] These binge drinkers are not simply unemployed town drunks—42.1 million work either full or part time.[3] However, alcohol is not the only abused substance affecting Americans; illicit drug use has contributed to approximately 23.9 unprescribed drug users in the United States—9.4 million are employed adults.[4] Substance abuse also contributes to approximately 30 million Americans who are driving under the influence of alcohol each ... Read More »