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Tag Archives: driving under the influence

Strip Searched for a DUI Arrest?

According to Tennessee House Bill 275, which was introduced this year (2013), strip searches would be allowed regardless of the crime for which one is arrested.  This necessarily incorporates the crime of Driving Under the Influence.  Tennessee Code Annotated § 40-7-119 currently states, “(a) As used in this section, “strip search” means having an arrested person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts ... Read More »

Strange But True – DUI & A Toy Truck

Sometimes DUI defense lawyers come across a story that bears repeating–even at the expense of the poor defendant.  A Jonesboro, Arkansas woman crashed her Pontiac Grand Am into the panels beneath a trailer home. The woman, described by the owner of the damaged property as grossly intoxicated, then jumped into a child’s “Power Wheels” truck and tried to drive away.  Ultimately, she was arrested close by at her mother’s house where she registered .217% blood alcohol on a preliminary breath ... Read More »

DUI Hard-Charger Falls on Hard Times

According to reports from various news outlets, including ABC and Fox News, several hundred DUI arrests in Utah are now in question following a lawsuit filed last month.  The two plaintiffs, Thomas Romero and Julie Tapia, filed their complaint in the U. S. District Court in Utah, alleging civil rights violations by former Utah State Trooper Lisa Steed.  Romero alleges that Steed arrested him for DUI when his BAC was 0.00; Tapia similarly claims that Steed arrested her for DUI ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

To Sleep or Not to Sleep? The DUI Ambien Defense

To Sleep or Not to Sleep? The DUI Ambien Defense By:       David Katz, Esquire  &  Andrew Nickolaou, J.D.             Even non-drinkers could be in danger of being charged with DUI in Florida.  If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »

Florida Fails to Follow Rules for Intoxilyzer Maintainence

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... 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 »

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 »