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U.S. DUI News

How to Force a DUI Defendant to Prove His Innocence

The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving. So how does the prosecution prove what the BAC was when the defendant was driving? ... Read More »

New York Ignition Interlock Device Pamphlet

IID PAMPHLET If you are convicted of common law Driving While Intoxicated (“DWI”), per se DWI, or per se Aggravated DWI, you are required to install and maintain an Ignition Interlock Device (“IID”) in any vehicle(s) that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.  Therefore, even if you do not drive during this period you will be in violation of your sentence if there is a ... Read More »

New Felony DWI law in Virginia: from 0 to 365 days on July 1, 2013!

Third and subsequent DWIs became felonies in Virginia in 1999.  Since that time, Virginia has had a 10 year lookback period for using previous DUIs to enhance punishments.  Currently, Virginia Code § 18.2-270 has the following DWIs and minimum mandatory punishments: 3 DWIs committed within a 10 year period   90 days 3 DWIs committed within a 5 year period     6 months 4 (or more) DWIs within a 10 year period      1 year These portions of the law remain the same. ... Read More »

Laws requiring breathalyzers in the cars of DUI offenders has reached 18 states and counting

Maine is the newest state to propose a bill that would allow first time and habitual DUI offenders to cut down on their license suspensions by having a breathalyzer installed in their vehicles. The breathalyzer, also known as the ignition interlock device (IID), is a device wired to a vehicle’s ignition that requires a breath sample from the driver before the engine will start. A photo of the driver is taken while the sample is being given and transmitted to ... Read More »

DUI checkpoints near baseball stadiums hits home for Angels fans

After celebrating the New York Yankees 5-4 victory over the Toronto Blue Jays, Yankee fans left the stadium in a hurry in the hopes of beating the post-game traffic only to be stopped minutes later by the four police DUI checkpoints that were set up just blocks from the stadium. The Bronx police reassured fans that the checkpoints were not aimed towards Yankees fans but were part of a citywide effort to crackdown on drunk driving. An effort that Angels ... Read More »

Clearing DUI Records in Mississippi

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »

Blood Testing- Fermentation

Blood Testing- Fermentation On the topic of blood testing: Blood Test practice tip: “1-propanol, acetaldehyde, acetone, 2-propanol, isobutanol… have been considered as biochemical markers.. to be flagged as suspicious for microbial contamination.” Forensic Science Intl 174(2008) 133-151  Have seen many client chromatograms with these compounds……  Blood testing needs to be regulated. In Texas there are NO regulations for blood testing. Most labs still don’t even report a margin of uncertainty. There should be a law that the lab videotape the entire blood ... Read More »

If a police officer says it then it has to be true…right?

Jason Servo, an Oregon police officer who was arrested and subsequently fired for driving under the influence, has filed a $6 million lawsuit against the city of Gresham claiming that his firing violated his rights under the Americans with Disabilities Act.  The lawsuit alleges that Officer Servo was suffering from alcoholism at the time of the incident and should not have been fired as alcoholism is a recognized disability under the act. In January 2011, after enjoying dinner and drinks ... Read More »

(Barely) Driving Under the Influence in Mississippi?

On Tuesday, May 14, 2013, the national Traffic Safety Board (NTSB) announced its new set of strategies for combating drunk driving.  The goal of the proposed interventions would be “to eliminate alcohol-impaired driving crashes.”  And chief among the proposals is lowering the threshold blood alcohol concentration (BAC) across the country.  Specifically, the NTSB is now urging all states to lower the threshold from .08 percent BAC to .05 percent BAC, a reduction of 37.5 percent.   But what does this ... Read More »

.15 down to .05 BAC: Isn’t it Amazing How the Human Body Has Changed Since 1954?

A little cursory research of DUI laws related to blood alcohol “legal limits” in Georgia reveals that as early as 1954, the Georgia General Assembly outlawed blood alcohol concentrations at a certain level.  House Bill 128 was approved January 11, 1954 and provided that “If there was at that time 0.15 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.”  Fast forward to May ... Read More »