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U.S. DUI News

Unethical for Lawyers to Use Competitors Names to Attract New Clients on Internet

A recent ethics opinion found that it was a violation of a lawyer’s code of professional conduct to use another lawyer’s name on the internet to attract website visitors and potential clients.  This is a practice shady lawyers have used for decades, but this is the first opinion I’ve seen to directly address this topic. The practice of law is more competitive now than ever, and the legal landscape for lawyers has changed considerably in the last 30+ years.  To ... Read More »


Oklahoma Court of Civil Appeals recently decided 6 combined cases regarding the validity of the breath test affidavit. Tulsa attorney Bruce Edge of Tulsa and Oklahoma City attorney John Hunsucker combined forces to bring this issue to a head Because of their action—ALL breath tests and refusals where the affidavit was printed on the Intoxilyzer 8000 are invalid. This decision was handed down on October 9, 2013. DPS had known of the issue for several years but took no action ... Read More »

Breathalyzers and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings in DUI cases 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 DUI suspect’s blood, rather ... Read More »

UPDATE: The Dookhan Disaster

Annie Dookhan, the former Massachusetts lab chemist we blogged about over a year ago, is back in court today on the 27 charges brought from tampering with drug samples which may have negatively affected 40,323 cases.  This number comes from a review of her cases, a request made by Governor Deval Patrick, from 2003-2012 which covers her time with the Department of Public Health; however, it would appear there is a separate investigation dating back to 1990 to see whether ... Read More »

Pennsylvania Utilizing NHTSA’s ARIDE Training

The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment during traffic stops.  On October 16-17, the Northeastern Pennsylvania DUI Task Force will provide local law enforcement with ARIDE training.  This is in response to what the Luzerne ... Read More »

Paying Police to Arrest You! A growing trend in Virginia.

You decide to go it alone – skip hiring a DWI defense attorney – and you get convicted of a DWI.  You pay a $250 fine that becomes almost $500 with court costs.  You pay a $300 entry fee for the Alcohol Safety and Action Program and even more for treatment and classes.  You pay $600 to $800 for ignition interlock so that you can begin to drive again.  You pay a DMV reinstatement fee.                 You file for FR44 ... Read More »

Lowering the blood-alcohol content (BAC) cutoff to 0.05: Sheriff says “you can count me out on that one”

Milwaukee County Sherriff David Clarke has a reputation for cracking down on drunk drivers and pushing for tougher drunk driving laws. The new proposal that would decrease the legal limit from 0.08 to 0.05, however, isn’t exactly what he had in mind. In Milwaukee, the average drunk driver has a BAC over 0.15; almost twice the legal limit. These individuals, Clarke believes, are the ones law enforcement officers in Wisconsin should be concerned with, not the social drinker who can ... Read More »

Suppressing Evidence In Warrantless Blood Draw Cases

Those who have DUI charges pending in California that involve the taking of a blood sample without a warrant or lawful consent should be considering a motion to suppress evidence at the trial court level.  The United States Supreme Court’s recent decision in Missouri v. McNeely overruled several California Court of Appeal decisions that had erroneously interpreted the high Court’s 1966 decision in Schmerber v. California as authorizing warrantless blood draws anytime the police have probable cause to arrest a suspect for ... Read More »

The Aging Process and Field Sobriety Tests

It is not surprising that every year 1.4 million Americans are diagnosed with cancer1, the second leading cause of death next to heart disease. It should be surprising that there are also approximately 1.4 million DWI/DUI arrests (1 of every 139 license drivers) in the country a year with 16,685 alcohol related fatalities in 2005.2 “Alcohol related” fatalities defined as at least one driver or nonoccupant involved in the crash having a blood alcohol concentration of .01 grams per deciliter ... Read More »

Are Prosecutor’s Office Policies Legal?

Legislatures, representatives of the people, write the laws NOT prosecutors. Each legal law is a result of a complex process involving everything from public hearings, citizen and lobbyist input to sworn testimony. Penal code statutes have punishment ranges for a reason. Not everyone deserves to be treated the same when it comes to the same offense. Prosecutors are circumventing the laws by substituting their own punishment ranges in the form of “office policies” rather than considering the full range of ... Read More »