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U.S. DUI News


I have heard from a source close to the matter that the Alabama Department of Forensic Sciences is about to approve another ignition interlock device for persons convicted of DUI in Alabama.  Since September 2012, Alabama’s DUI law began requiring ignition interlock installation for all multiple DUI offenders and even on some first time offenders.  The Alabama Department of Forensic Sciences was given responsibility for drafting regulations for ignition interlock installers and for maintaining a list of approved ignition interlock ... Read More »

Unnecessary Unrelated Recommendations in MA

In a recent press conference, Massachusetts State Police stated their drunk driving arrests increased over 30% from 2011 to 2012 – 3,728 to 4,866 respectively.  Overall conviction rates, however, are 42% with jury trials and 14% with bench trials according to a recent 148-page report by Jack Cinquegrana, special counsel commissioned by the Massachusetts Supreme Judicial Court to investigate operating under the influence (OUI) acquittal rates. As opposed to assuming that those charged, but not convicted of OUI were in ... Read More »

Drunk Driving or Distracted Driving?

The dangers posed by impaired drivers are widely recognized.  Drunk and drugged driving remains a significant problem and should not ignored.   Nevertheless, the lesser-known danger of distracted driving must be addressed as well.  Despite evidence that instances of injuries and death due to distracted driving have increased, public awareness and policy lag far behind awareness and policy for drunk driving. In 2009, 5,400 people died and another 448,000 were injured because of distracted drivers.[1]  Of the 5,400 deaths, 995 were ... Read More »

DUI Roadblocks and Sobriety Checkpoints

New Year’s Eve celebrations are almost upon us.  Alcohol consumption is often an integral part of these celebrations.  As a result, most law enforcement agencies, including the Tennessee Highway Patrol, the Knox County Sheriff’s Department and the Knoxville Police Department plan to increase enforcement during the holiday.   Like the majority of the nation, officers in the state of Tennessee will be conducting sobriety checkpoints (also known as DUI roadblocks) and driver license checkpoints from now through January 1, 2013. In ... Read More »

Are Asthmatics Criminally Punished for Inability to Provide a Breath Sample?

Almost all states now have increased penalties for refusing to submit to blood-alcohol testing, usually involving added jail time and/or longer license suspensions. A few states even make refusing a separate and distinct crime. A large percentage of those charged with “refusing” are innocent. One of the most common refusals is the failure to breathe hard enough to produce a breath sample. The various breath machines all require the suspect to breath through a narrow breath tube hard enough to ... Read More »

Washington State Marijuana Legalization: Could it Pit Medical Users v. Recreational Users When it Comes to Driving??

On Friday, Judge Lisa Sutton in Washington rejected a request by a user of medical marijuana to block Washington state from implementing tougher rules on “stoned driving.” After approving a measure for legalizing the use of recreational marijuana in November, from this Thursday, Washington became the first U.S. state to not only legalize marijuana recreational use, but also bring into effect new checks and balances. The new rules, especially those related with driving under the influence of marijuana has a ... Read More »

Georgia Legislator Will Introduce Mugshot Legislation

Representative Roger Bruce Will Introduce LegislationTo Protect Against Exploitation of Headshots for Profit Atlanta, GA – December 7, 2012 – Representative Roger Bruce has recently caught the attention of national media with talks on introducing legislation in 2013 to protect individuals who have headshots for police records, commonly known as “mugshots.” These headshots are visible to the public on the sheriff’s county website and there are no guidelines on the usage of the headshots. This allows third-parties to post the headshots ... Read More »

Dealing With the Impossible California DMV

Today I want to give you an example of just how frustrating and difficult it can be to deal with the California State Department of Motor Vehicles (DMV), and why you really want to have a Board Certified DUI defense attorney representing you on drunk driving case. Motorists who are cited and prosecuted for driving under the influence of alcohol in California face consequences with both the California DMV and the Court system. The DMV takes an administrative action to ... Read More »

Drowsy or Drunk? More About Drowsy Driving

According to the AAA, Drowsy Driving causes nearly one out of six deadly traffic accidents and one out of eight crashes that results in a hospital visit.  Over 40% of drivers admit to having “fallen asleep or nodded off” while driving according to the AAA’s 2010 national survey of U.S. drivers.  Perhaps most alarming is the fact that these statistics may not reflect the full extent of the problem. Hyperarousal is one reason for the under-reporting of accidents that result ... Read More »

Breathalyzers and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings 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 blood, rather than in the breath, the ... Read More »