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U.S. DUI News

Requiem for the Pleader

Often people hire attorneys to represent them in criminal charges not knowing that their attorney plans on pleading them under, now available, court programs. This attorney’s plan and procedure to work out a plea is usually a unilateral decision without input by the client who hears, at court for the first time, that this plea is their only option. Pleading guilty and non-adjudicating a criminal charge could have long lasting and lingering consequences for many professionals such as nurses. It ... Read More »

Immigration Authorities Target Oregon ‘Dreamer’ Over DUI

Federal authorities targeted a so-called “DREAMer” in Portland, Oregon, over the weekend because of a driving under the influence charge from December, an Immigration and Customs Enforcement spokeswoman told NBC News on Monday. Francisco Rodriguez Dominguez, 25, was released on unspecified bond from the Northwest Detention Center in Tacoma, Washington, on Monday afternoon, a spokeswoman for the American Civil Liberties of Oregon said. Read More »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »

GROUNDWORK SET FOR ADDITIONAL CHALLENGES TO DRAEGER ALCOTEST 9510 BREATH TEST MACHINES IN MASSACHUSETTS

The recent decision by Massachusetts district court judge Robert Brennan regarding Draeger Alcotest 9510 breath test machines in Massachusetts laid the groundwork for more wide-ranging challenges to the devices. Brennan’s decision is a win for defendants whose breath test results are from 9510 devices that were last calibrated before the state police Office of Alcohol Testing (“OAT”) established written protocols regarding annual calibration on September 14, 2014. In his decision, Judge Brennan noted that “in the absence of written protocols, ... Read More »

Will .05% Become the New National Legal Limit?

On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%.[1] On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation.  The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve.[2] This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »

Utah lawmakers pass bill to lower DUI limit to 0.05 percent

SALT LAKE CITY –   Utah could soon have the strictest DUI threshold in the nation after state lawmakers on Wednesday night voted to lower the limit for a driver’s blood-alcohol content to 0.05 percent, down from 0.08 percent. The measure heads to Utah’s governor, who has said he supports the legislation. If Republican Gov. Gary Herbert signs the bill, it would take effect Dec. 30, 2018 — an unusual effective date for Utah laws that would ensure the harsher ... Read More »

Child, 8, dies from injuries suffered in alleged DUI crash

WARWICK, R.I. (WPRI) — A young boy who was a passenger in a weekend crash in Warwick has died at the hospital, city police confirm. According to police, 8-year old Jahmeer Valles-Halloway succumbed to his injuries on Wednesday. Police said Valles-Halloway was in a car driven by Justin Preston when they were involved in a head-on collision Sunday night on Warwick Avenue. Investigators allege Preston was drunk when his SUV crossed the center line and struck another vehicle head-on. A 2-year-old child who ... Read More »

Drunk-Driving Simulation Suit

Beer goggles and drunk leg and arm weights – this “drunk-suit” simulates what it feels like to be drunk while you are sober. Ford has teamed up with scientific engineers to create this drunk-suit to teach teens what it feels like to drive drunk. Over one million teens have already been trained with this suit and the training is completely free. At least 28 people a day die from alcohol related car accidents. Ford hopes to make a difference and ... Read More »

Just How Robust is the Horizontal Gaze Nystagmus Test?

What does it mean for something to be robust? Some of the synonyms of the word “robust” are strong, sturdy or powerful. In 2007 the National Highway Traffic Safety Administration (NHTSA) undertook a study to see just how “robust” or “powerful” the Horizontal Gaze Nystagmus Test was in the prediction of blood alcohol levels in humans. The study was titled “The Robustness of the Horizontal Gaze Nystagmus Test”, Southern California Research Institute, in conjunction with the U. S. Department of ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... Read More »