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U.S. DUI News

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 »

The Field Sobriety “Eye Test”: Science or Fraud?

The critical part of any pre-arrest drunk driving investigation is the administration of the “field sobriety tests” (FSTs).  These usually consist of a battery of excercises involving balance, coordination and mental agility — and are difficult to perform for even a sober person under ideal conditions (see “Field Sobriety Tests: Designed for Failure?“). Although there are many different tests (walk-and-turn, finger-to-nose, one-leg-stand, etc.), an increasing number of law enforcement agencies are requiring their officers to use only the federally-recommended battery of ... Read More »

Did The Defendant Drive Under The Influence?

To convict a person of driving under the influence in California, the prosecutor must prove that the defendant was too impaired to drive with the caution and care of a sober person under similar circumstances. Yet that is not enough for a conviction.  The State must also prove that the defendant actually drove.  Sitting in a car with the engine running is not a violation of California Vehicle Code section 23152 (driving under the influence, or driving with an alcohol ... Read More »

Victory in the West Virginia Supreme Court

On May 22, 2012 I had the privilege and honor of presenting oral argument before the Supreme Court of Appeals of West Virginia in the matter of Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Mark Thompson, Respondent. Slip No. 11-0891. (*Mr. Thompson’s case was consolidated with another case, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Justin Brant Wood, Respondent.) These cases came to the high court ... Read More »

No Refusal Weekends

The media makes a major effort to educate the public when law enforcement agencies decide to have a “No Refusal Weekend.”  Since the first Knox County, Tennessee DUI Enforcement “No Refusal Weekend” in July 2012, those who are mis-informed have generated a lot of incorrect information.  This blog entry will attempt to explain in layman’s terms the underlying Tennessee law. Tennessee DUI law, just like criminal law in general, has allowed an officer to apply to a neutral and detached ... Read More »