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U.S. DUI News

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 »

Why Do Some Cops Always Report Identical Symptoms?

As any experienced DUI attorney knows, many police officers are considerably less than honest in their written DUI reports and in their testimony. One of the practices where this is most readily apparent is the tendency to “observe” exactly the same “symptoms” in every person the officer arrests for drunk driving. With Officer Smith, for example, the suspect fumbles with his wallet when getting his driver’s license, leans against the car for support, and misses “Q” in the alphabet recitation ... Read More »

Alabama Ignition Interlock Law In Effect, But System Is Not Ready

by Phillip B. Price, Sr. Alabama’s new DUI ignition interlock law went into effect at the beginning of September.  However, the regulatory scheme and infrastructure needed for the law to be fully operational and adequately administered is far from complete.  While the Alabama Department of Forensic Sciences recently put forth its regulations related to the new law, the Alabama Department of Public Safety appears less prepared.  At present there are only a half dozen interlock installation facilities in Alabama and ... Read More »

Algorithms and Infrared Detection of Drunk Drivers

  Liat Clark, a reporter for WIRED.CO.UK, wrote on  September 4, 2012 that two computer scientists have published a paper explaining that the use of two separate algorithms used in conjunction with thermal imaging may be used in the future to scan for potential drunk drivers. Georgia Koukiou and Vassilis Anastassopoulos of the University of Patras in Greece authored a paper published in the International Journal of Electronic Security and Digital Forensics.  The theory is based on the fact that alcohol ... Read More »

Anyone Can Be Arrested On Suspicion Of Driving Under The Influence

As Steve Oberman from Tennessee recently noted (see his blog entry of August 10, 2012), anyone can be arrested for suspected DUI.  Recently in California, a priest was stopped without probable cause while driving his mother home from a family dinner. Stopped in a DUI Checkpoint, the Reverend Salvatore Cordileone (archbishop-elect of San Francisco) was arrested in San Diego after blowing into a breath-alcohol detection device that reportedly showed a result over the .08 percent or higher statutory limit. Rev. ... Read More »

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 »