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U.S. DUI News

New Kansas Test Refusal Law – Strictly Enforced

On July 1, 2012, the Kansas Legislature’s new test refusal law criminalizing the refusal of a requested blood, breath, or urine test went into effect.  Over the past 2 months, I have seen this new law rigorously enforced.  Basically, if during a DUI investigation the driver refuses to submit to the officer’s request for a test, the main element of the charge is met.  It is, however, important to know that a Refusal can only be charged in regard to ... Read More »

“Refusal” the way to go in 2012 West Virginia!

In June of 2010, the West Virginia legislature created an additional component to our DUI statute (WV Code 17C-5-2) known as, “The Deferral Program” (WV Code 17C-5-2b), and therein fundamentally altered the long held addage of always submitting to the breath machine on a first offense case as refusing presented a far greater license suspension consequence to the citizen. This is no longer the case. In theory, the deferral program was designed to afford a citizen accused, who submitted to the ... Read More »

How “Expert” Are Cops at Detecting Alcohol Impairment?

The drunk driving case rests heavily upon the subjective opinions of the arresting officer — the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. It is his DUI report (and his opinion in that report) which will largely determine what, if any, criminal charges will be filed by the prosecutor; his decision which will or will not result in ... Read More »

Massachusetts & Bad Breath: A Conundrum

A question often asked of jurors during jury selection is any variation of the following: “do any of you feel it is against the law to have something to drink and then get behind the wheel?  Slogans broadcast across many states, including Massachusetts, would lead you to believe it is in fact illegal to have a drink and drive: Buzzed Driving is Drunk Driving You Booze, You Cruise, You Lose Bad Breath is a Crime in Massachusetts However, defense attorneys ... Read More »

Ignition Interlock – DUI Laws and Technology in Maine

Since July of 2004, more than 75,000 ignition interlock devices have been installed in vehicles. These were installed as a result of the Transportation Restoration Act, passed in 1998. Under Maine statute 29-A §2508 a person convicted of a second or subsequent OUI offense may petition for early license reinstatement if they agree to install an approved ignition interlock device in their vehicle and have satisfied all other conditions for license reinstatement as required by the Secretary of State. An ... Read More »

Pennsylvania ARD License Suspensions for Out of State Drivers

Many times, clients wonder what will happen to their out of state license when their Pennsylvania driving privileges have been suspended once they are accepted into the accelerated rehabilitative disposition (ARD) program. The bottom line is that you will be able to continue driving in every other state, including your home state, except for Pennsylvania.  The question is, how do you know once you leave the courthouse after being accepted into ARD whether your suspension has begun seeing as though ... Read More »

Attacking Breath Test To Disprove Both Impairment And Per Se Charges In California Drunk Driving Prosecutions

California Vehicle Code § 23610 specifies that in a prosecution for driving under the influence, it shall be presumed that the person was “under the influence” if their blood alcohol level was .08 percent or more at the time of driving. However, mandatory presumptions of this nature are unconstitutional in criminal cases, and thus jurors are instead instructed that they may infer the defendant was under the influence if they find he or she had a .08 percent or higher ... Read More »

Georgia Police Increasing DUI Enforcement for Labor Day Weekend

As the season winds down and end-of-summer celebrations ramp up, authorities throughout Georgia are launching a crackdown on drunken driving. The Atlanta Journal-Constitution reports the Governor’s Office of Highway Safety announced Friday that police, sheriff’s deputies and state troopers will be aggressively looking to pull over and arrest impaired drivers from now through the Labor Day weekend. State officials say 298 people were killed in highway crashes that were alcohol-related in Georgia in 2010. That was roughly one-fourth of all ... Read More »

DUI by Ambien® – Sleep Driving

Did you realize that you may commit the crime of driving under the influence of an intoxicant (DUI) even if you are taking medication prescribed by your physician.  Once again, the national media has brought attention to the public about people who “sleep drive.” In mid July, 2012, Kerry Kennedy was arrested in New York after crashing her vehicle which some reported was caused by Ambien® induced sleep driving.  U.S. commerce Secretary John Bryson suffered a similar incident in June, ... Read More »

Anyone can be arrested for Drunk Driving (DUI)

On August 8, 2012, a former Tennessee Highway Patrol trooper, Jonathan Reed, was arrested in Cookeville, Tennessee for the misdemeanor offenses of driving under the influence (DUI) and possession of a handgun while under the influence.  Former trooper Reed had been dismissed from the Tennessee Highway Patrol in June, 2012 for gross misconduct.  More information may be obtained from: http://www.newschannel5.com. A former president of a defunct chapter of Mothers Against Drunk Driving was arrested on February 18, 2011 for drunk ... Read More »