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U.S. DUI News

Burden of Proof in a criminal case

With all of the recent national media attention to the jury verdict in the George Zimmerman case, I, and The Wagner Law Firm, thought it prudent to remind, or in some cases teach, our DUINewsBlog.org readership what the actual burden of proof is in a criminal case in a United States courtroom, what it means and the burden therein our government bares in proving their case. The burden of proof the government bares in a criminal case is called, “proof beyond a reasonable doubt.” This burden ... Read More »

Did You Say Too Much To The Officer, Or Not Enough?

For years, criminal defense attorneys have cautioned people about the perils of talking to the police when they are suspected of violating the law.  It was sound advice, but now that admonition must be refined in light of a recent decision from the United States Supreme Court. The case is called Salinas v. Texas and it was issued earlier this year.  Berkemer v. McCarty is a much older case, and it essentially held that a motorist’s roadside statements are admissible at trial. Salinas goes further, ... Read More »

How Much is Too Much?

In order to prevent over-serving at bars, many states have adopted what is known as the Dram Shop Act. The Dram Shop Act allows victims and the families of victims to sue the bar or establishment that served alcohol to a drunken individual that subsequently injured someone in a drunken driving accident. These alcohol infractions are regulated by the Department of Revenue who will strip bars and bartenders of their licenses if found to be repeatedly over-serving. Georgia is one ... Read More »

Alcohol Inhalation: the Truth behind the Lies

Editor’s note:  Steve Oberman and the other lawyers at Oberman & Rice not only defend those accused of driving under the influence and related crimes, we are sincerely concerned about our clients.  As a service to those who feel the need to become inebriated by any means, and in our continuing efforts to educate the public about responsible consumption of alcohol and other intoxicants, we are publishing the following guest commentary authored by Matthew R. Lish, who, at the time ... Read More »

Breath Tests and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the blood, rather than in the breath, the ... Read More »

Florida’s Administrative Suspension Process Changes July 1, 2013

In Florida a driver who was arrested for DUI would face an administrative suspension of his or her driving privilege. However, they could challenge this suspension using the “Formal Review” process. If they won they would get their regular license back. However, if they lost, or if they did not challenge the suspension, their privilege to drive would be suspended. If they took the breath test, they would lose their privilege to drive for 6 months. If they refused to ... Read More »

How to Choose the Right Attorney for Your DUI Case.

Many attorneys who practice criminal law also take DUI cases. These “Jacks Of All Trades” may or may not have the knowledge needed to help you in your DUI case. Choosing an attorney who focuses his or her practice on DUI defense may have a significant effect on the outcome of your case. Some states recognize Board Certification in the area of DUI and others do not. It is important that you take the time to interview multiple attorneys before ... Read More »

State laboratory to suspend blood-alcohol and blood-drug testing

In a press release issued today, the Colorado Department of Public Health and Environment has announced that it will suspend itself from blood-alcohol and blood-drug testing due to systemic failures and staff incompetence. DENVER – Effective July 3, the Colorado Department of Public Health and Environment will suspend blood-alcohol and blood-drug testing performed at its toxicology laboratory until further notice. During this suspension, the state toxicology lab will complete the work on samples currently in the testing process. Unprocessed specimens will ... Read More »

Salinas v. Texas: the 5th Amendment’s Downward Spiral?

Earlier this month the United States Supreme Court issued its ruling in Salinas v. Texas, 570 U.S. ___ (2013) (plurality opinion), holding that, in the context of non-custodial, pre-arrest questioning, a person’s silence may be used against them absent an unequivocal invocation of his or her 5th Amendment right against self-incrimination.  At first blush this sounds incredible; in fact, some commentators are strongly criticizing the Court’s opinion for various reasons.  But is it really that surprising? The Supreme Court has ... Read More »

Try getting past this one!

Marijuana, cocaine, heroin, and methamphetamines are just a few of the many different controlled substances that Swedish researchers have found can be detected by a commercially available breathing test device.  A control group of 47 individuals, who had taken a variety of drugs less than 24 hours prior, were tested to check the accuracy of the device. The test successfully detected drugs in 87% of the people. The device would allow police officers to test suspected drug users and DUI ... Read More »