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Tag Archives: driving under the influence

DUI Technology—The DRUID App

The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states[1] in the U.S. have adopted the 0.08% ... Read More »

MASSACHUSETTS CLOSER TO REQUIRING IGNITION INTERLOCK DEVICE FOR ALL OUI/DUI OFFENDERS

The Massachusetts Senate approved a measure that would require an ignition interlock device for all drivers found to be operating under the influence of drugs or alcohol. Massachusetts is currently the only New England state that does not require the device for first offenders. The measure is now in the House where a representative of Mothers Against Drunk Driving testified in support of the legislation that is similar to laws enacted in 30 other states. The law would replace the ... Read More »

The Newest in BodyCam Technology

Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »

Nurse Arrested for Protecting Unconscious Patient from Illegal Blood Draw

United States Supreme Court decisions sometimes have a greater impact on daily life than citizens may realize. On June 23, 2016, the decision Birchfield v. North Dakota[1] changed the procedure on how law enforcement is supposed to request a blood draw from those suspected of committing a crime such as driving under the influence. The key phrase here is that it changed how law enforcement is “supposed to” handle drawing blood. As a recent news story from the Washington Post ... Read More »

STATE POLICE CRIME LAB WITHHELD EXCULPATORY EVIDENCE

The Massachusetts State Police Office of Alcohol Testing (“OAT”) intentionally withheld documents showing breath test machines may have provided at least hundreds of flawed results, according to defense attorneys. This latest revelation could ultimately affect over 58,000 cases since 2011, when the Commonwealth first began using the Dräger 9510 machines. As a result, District Attorneys throughout the Commonwealth have again suspended the use of breath test results in trials and plea negotiations. Furthermore, the Secretary for the Executive Office of ... Read More »

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

MASSACHUSETTS LEGISLATURE PREPARING MARIJUANA BILL FOR GOVERNOR BAKER

One day after the Massachusetts House voted to raise the proposed tax on retail marijuana sales to 28 percent, the Senate overwhelmingly voted (30-5) to preserve the 12 percent maximum endorsed by voters in a ballot question last November. The proposed legislation is now headed to a conference committee with hopes that a final bill will be sent to the Governor by next Friday, June 30. The selling of marijuana for recreational purposes is currently illegal in Massachusetts but the ... Read More »

OPTIONS FOR VETERANS IN MASSACHUSETTS

Veterans in Massachusetts may avoid convictions for operating under the influence in some cases. The Supreme Judicial Court recently cited the “often difficult return to civilian life” for veterans and affirmed that a 2012 state law, known as the Valor Act, allows judges to divert some veterans to rehabilitation programs in lieu of having their case prosecuted at court and brought to trial. See Commonwealth v. Morgan, 476 Mass. 768 (2017). If the veteran successfully completes the rehabilitation program their ... Read More »

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »