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U.S. DUI News

False Breathalyzer Readings From Diabetes or Dieting

It is a little-known fact that breathalyzers do not measure alcohol: they actually measure the presence of a molecular group in chemical compounds. Ethyl alcohol (aka ethanol) contains the group, and so when the machine detects its presence (or, more accurately, infrared energy is absorbed by it), it simply assumes that the detected compound must be ethyl alcohol, otherwise it may lead to a false breathalyzer reading. Problem: there are thousands of compounds containing this molecular group — of which ... Read More »

WV Deferral Program as applied to citizens licensed outside WV

In June of 2010, the West Virginia legislature enacted 17C-5-2b, an additional component to our 17C-5-2 DUI statute. It is commonly referred to as the “Deferral Program.” The essence of the program is that a citizen arrested for 1st offense DUI, with no prior DUI convictions, license related suspensions, or maintaining of a CDL license, and who has an alleged BAC < .15, can request, within 30 days of arrest, to participate in the Deferral Program. (*Prior DUINewsBlog.org posts by The Wagner Law Firm ... Read More »

Court Declares Multiple DUI Offenders Eligible For Early IID-Restricted Licenses

California residents convicted of a second or third drunk driving offense, or alcohol-related reckless driving (commonly referred to as a “wet reckless”), may now obtain early reinstatement of their driving privilege with installation of an ignition interlock device (IID) regardless of the date of their violation or conviction. In a published decision issued by the First District Court of Appeal in Matteo v. California State Department of Motor Vehicles (First District Court of Appeal in California, Division 3 – Case ... Read More »

Tennessee Expungement Fees

Due to the new Tennessee expungement law (allowing for the erasure of an arrest or conviction from public record) effective July 1, 2012, there has been some confusion about how much a court clerk may charge to file an expungement petition.  In an effort to resolve the many questions relating to this issue, the State of Tennessee Attorney General’s Office issued Opinion Number 12–89.  This opinion provides a detailed analysis of how the Attorney General arrived at its answer, but ... Read More »

Field Sobriety Testing in Oklahoma

When someone is pulled over for suspicious driving, the police officer is trained to test for different causes. Were they distracted? Texting? Intoxicated? To find out, an officer will ask the driver to remove themselves from the vehicle and perform standard field sobriety testing. This method is not meant to deliver a diagnosis with 100%, rather it helps determine whether or not the driver should be taken off the road immediately. If a driver agrees to go ahead with the ... Read More »

Butt-Chugging & Alcohol Enemas

During the last week, the news in Knoxville has focused on an unbelievably stupid or ignorant act by a  University of Tennessee fraternity member who, on  September 22nd, allegedly “consumed” alcohol by inserting a tube in his rectum and then pouring alcohol into the tube.  the student denied taking this action, but the University of Tennessee Police investigators found evidence of this action.  While few reports of similar incidents are made, this method of becoming intoxicated has been around for ... Read More »

Maine’s “Move Over Law” – Another Reason To Get Pulled Over

For a law enforcement officer to stop you, they must have a “reasonable articulable suspicion” that criminal activity is underway.  One issue that gives rise to being stopped is a little known requirement that motorists move over when they see emergency flashing lights on or adjacent to the highway. You’re driving on the highway and see flashing lights what do you do? Well, it’s what you don’t do that could cost you. In 2001, a law requiring motorists on Maine’s ... Read More »

The Cost of Getting a DUI in Georgia

Most people don’t think about how costly getting a DUI could be because nobody ever plans to get a DUI.  We plan for retirement, we plan for our kids education, but it is absurd to contemplate setting aside funds for the unlikely event that we might get a DUI.  In addition to the financial costs, there are many other costs that are hard to measure.  Loss of reputation in the community.  The impact it will have on relationships both personally ... Read More »

The Dookhan Disaster

Annie Dookhan, a former Massachusetts chemist is making national headlines for allegedly “dry-labbing” as many as 60,000 drug samples used in 34,000 criminal cases over the past eight to nine years. The count of current inmates affected is now over 1,100. “Dry-labbing” is a term used in the laboratory community for when a person claims to follow proper protocols for research and testing, but in reality, pulled the results out of thin air without doing any research or testing.  For ... Read More »

Gastric Bypass Patients Beware!

Alcohol Consumption Affects Gastric Bypass Patients Differently. In 2011, the American College of Surgeons issued a press release reporting that patients who underwent a Roux-en-Y gastric bypass (RYGB) operation had a considerably higher breath alcohol content based on the same amount of alcohol consumed prior to the operation.  Moreover, these patients took significantly more time to return to a sober state after the operation compared with alcohol levels tested prior to having the procedure. Patients undergoing a RYGB operation should ... Read More »