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U.S. DUI News

Hero or Harasser ? Hero I Say.

Ron Martin

Man gets arrested for warning drivers about upcoming speed traps. He is also against how the speed traps are being enforced (cops hiding behind signs and jetting out weaving in and out of traffic to catch the speeders is more dangerous than most of the speeding driving they are pursuing). My two cents: this is a free country, he has a right to protest, and he makes a good point. I realize most cities now earn a necessary part of ... Read More »

Is Serum Blood Testing a Reliable Method for Drunk Driving Cases?

If you were arrested in Michigan for drunk driving, and your blood was drawn by the police, then your blood was almost certainly tested at the state lab in Lansing.  As it relates to testing for DUI alcohol level only, this forensic lab almost exclusively uses a scientific method called gas chromatograpy to attempt to determine a true blood alcohol level.  A “whole blood” sample is used for this testing method.  If you case involves drugs, then a mass spectrograph ... Read More »

DUI and Your Career

When most people think about a DUI arrest or conviction, they immediately think about spending the night in jail or having to pay a fine.  But those are just the most obvious effects.  In Mississippi, there is also mandatory alcohol safety education, a victim’s impact panel, and high-risk insurance, all of which add significantly to the costs and time involved; the insurance alone can cost thousands of dollars in increased premiums.  But what many people overlook is potentially the most significant ... Read More »

Legally Prescribed Medication May Lead to a DUI Conviction

I receive many calls from persons arrested for DUI by prescription drugs who want to use as their defense the fact that they were taking the dosage of medication prescribed by their physician.  Today, prescription and over-the-counter drugs are a normal part of daily life for many people—many of whom are surprised to hear that taking a legally prescribed medication can still lead to a DUI conviction. Many prescription and over-the-counter drugs may impair a person’s ability to operate a ... Read More »

New 2013 NHTSA Field Sobriety Testing Manual

Here at DUINewsBlog.org, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, strives to continually bring you the latest and most current developments and discussions in DUI law around the country. This particular blog centers around the new field sobriety testing manual issued by the National Highway Traffic Safety Administration, “DWI Detection and Standardized Field Sobriety Testing” in March of 2013, replacing that of the old February 2006 issued manual. By way of backdrop, in 1975, so called “extensive ... Read More »

DUI/DWI Tyranny

“In an authoritarian State it is considered permissable to alter the truth; to rewrite history retrospectively; to distort the news, suppress the true, add the false. Propaganda is substituted for information. In fact, in such a country you are not a citizen possessor of rights but a subject, and as such you owe to the State fanatical loyalty and supine obedience.”   Bottom line, our law enforcement, district attorneys and judges have lost reason for the propaganda machine of MADD ... Read More »

Chemical Test Refusals May Not be Criminal

In the context of a drunk driving arrest, a handful of states have enacted statutes criminalizing chemical test refusal. These states are Minnesota, Nebraska, Alaska, Virginia, Florida, Ohio and Vermont. The Ohio statute increases penalties for the refusal rather than considering the violation a new crime. These statutes are unusual, and while still relatively uncommon, they do raise unanswered questions regarding the limits of implied consent statutes and the propriety of the imposition of criminal penalties for refusing a warrantless ... Read More »

Drunk Driving Entrapment?

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies?  Does this constitute entrapment? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…. The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the ... Read More »

Breath Alcohol Doesn’t Exist!

An essential fundamental of experimental science is that if something can’t be measured, it does not exist. One noteworthy scientist, Mr. William H. George, phrased it this way: “[S]cience is measurement. If I cannot make measurements, I cannot study a problem scientifically.”[i] Understanding this primary tenant, a follow-up question might be; how precise must a measurement be in order to study something scientifically, and furthermore, if the thing being studied is not measured precisely, then does it exist at all?  ... Read More »

Tennessee Bureau of Investigation Re-Testing 2,800 Blood Alcohol Samples After Discovering a Mistaken Switch

The Knoxville News Sentinel (the local Knoxville newspaper) reported on a recent discovery that a TBI employee had mishandled and mistakenly switched the blood alcohol samples from two different people. This mishandling of evidence caused a man to be charged with DUI and vehicular homicide after he was involved in a fatal crash.  The incorrect sample showed that the man had a blood alcohol content (BAC) of .24%—when his actual BAC was .01%.  The mistake was only discovered after the ... Read More »