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U.S. DUI News

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

Blood Draws in the Wild, Wild, West.

Texas is following Arizona on what appears to be a slippery-slope which will be affecting more states as time goes on. A new law went into effect on September 1st, 2013 which was passed by the 83rd Texas Legislature. The new law allows Emergency Medical Technicians (EMT) paramedics to take a blood specimen to test for alcohol concentration at the request of a police officer. The law allows paramedics to test for alcohol concentration or other intoxicating substances.A paramedic may ... Read More »

Michigan Law Ignores Child Endangerment While Drunk Snowmobiling

According to the DNR: With its unique combination of abundant annual snowfall, exciting terrain and extensive trail network, Michigan is a popular destination for snowmobilers far and wide. More than 6,400 miles of designated snowmobile trails criss-cross state forests, three national forests and many acres of privately owned lands. In fact, Michigan is one of only a handful of states that offer a large network of groomed and signed snowmobile trails. With all this snowmobiling in Michigan, you would think ... Read More »

Latest battle with the West Virginia DMV

A couple weeks ago, I had the privilege of appearing in Kanawha County Circuit Court, in front of the Honorable Judge Bailey, on behalf of a fellow West Virginia citizen who had been accused of driving under the influence in the Fall of 2011. The nature of my appearance was in regards to a Writ of Prohibition appellate action that I had filed on behalf of said citizen against the West Virginia Division of Motor Vehicles (WV DMV) seeking to have the ... Read More »

Unconstitutional Blood Draws

There is a good deal of debate in the legal community about whether warrantless blood samples taken from DUI suspects are constitutional following the U.S. Supreme Court’s decision in Missouri v. McNeely.  The core of this debate is whether “implied consent” laws constitute an exception to the Fourth Amendment’s warrant requirement, or whether such consent is “involuntary consent” because it is based on the threat and imposition of a license suspension. The McNeely decision did not invalidate “implied consent” statutes ... Read More »

New tool to protect your constitutional rights: police mounted video cameras.

The Chesapeake Police Department in Virginia has drastically increased its use of video recording.  The TASER Company reported on their website that in April of 2013 that Chesapeake deployed 85 additional AXON Flex cameras.  These are small on-officer cameras with multiple mounting options and a 130 degree wide-angle lens.  The video quality is surprisingly good.  Growing evidence also suggests that the tiny video camera may be surprisingly good at protecting your constitutional rights. Just this year, Judge Shira A. Scheindlin ... Read More »

Massachusetts Lifetime Look-Back and CWOF

Massachusetts has a lifetime look-back when it comes to operating under the influence (OUI) cases which means that any offense you commit can come back to haunt you.  The state even looks at out-of-state convictions and will count those as priors.  It doesn’t matter if the offense happened 30 years ago! On first offenses, many lawyers who don’t do a lot of OUI cases may try and sell a disposition called a “continued without a finding” or “CWOF” for short. ... Read More »

Will I lose my license if I am arrested for DUI in Arizona?

By simply driving in the State of Arizona, you impliedly agree that if you are stopped and arrested for DUI, you will submit to chemical testing. This is why it is called the “Implied Consent Law” and the requirements vary from state-to-state, so what may be good advice in Arizona regarding the Implied Consent Law, may be bad advice in any other state. In Arizona, if you are arrested for DUI, the police will choose either a breath, blood or ... Read More »

AZ Governor Jan Brewer (not) Arrested for DUI

The Merriam-Webster Dictionary defines “Hypocrisy” as “a feigning to be what one is not or to believe what one does not; especially : the false assumption of an appearance of virtue or religion.” Hypocrisy is the subject of today’s blog. On May 4th, 1988 Arizona DPS Officer Alley (Badge No. 2854) responded to a minor traffic accident on Interstate 17 near milepost 211.7. There, he found a woman with a strong odor of an alcoholic beverage, flushed face, watery and ... Read More »

Challenging the new DMV regulations

Starting in approximately 2011, a series of high publicity cases involving repeat DWI offenders led to a campaign to keep these drivers off the road.  In this regard, certain politicians attempted to pass legislation that would greatly increase the driver’s license revocation periods for repeat DWI offenders.  However, the proposed legislation was not enacted. Dissatisfied with the Legislature’s lack of action on this issue, Governor Cuomo directed DMV to enact harsh new administrative regulations that would render the need for ... Read More »