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U.S. DUI News

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 »

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 »