Thursday , October 19 2017
Home / Tag Archives: driving under the influence (page 2)

Tag Archives: driving under the influence

DECISION ON SCIENTIFIC RELIABILITY OF DRAGER 9510 IN MASSACHUSETTS

After hearing testimony over ten days, Judge Brennan of the Massachusetts district court department issued his decision regarding the defense bar’s challenge to the scientific reliability of the Draeger Alcotest 9510 breathalyzer, first deployed in Massachusetts in June 2012. The defense bar’s motion to exclude breath test results from the 9510 machines as evidence against defendants was allowed in part and denied in part. The court determined that the scope of its inquiry should include: 1) whether the source code ... Read More »

CLOSING ARGUMENTS AT MASSACHUSETTS HEARING CHALLENGING RELIABILITY OF DRAEGER ALCOTEST 9510 BREATH TEST MACHINES

The hearing regarding the scientific reliability of the Draeger Alcotest 9510 breath test machines concluded with closing arguments on Friday, February 3. The defense bar argued that because the relevant statute states that simply driving with a .08 blood alcohol concentration, as measured by the 9510 machine, is enough for a conviction, regardless of the tolerance an individual driver may have or any effect on their driving, the reliability of the machines should be subject to the highest scrutiny. The ... Read More »

MORE PROBLEMS WITH DRAEGER ALCOTEST 9510 BREATH TEST MACHINES IN MASSACHUSETTS

On Friday, February 3, the final day of hearings regarding the scientific reliability of the Draeger Alcotest 9510 breath test machines, a representative from Draeger testified that a previously unknown error appears to have been caused because the machines were programmed to use an incorrect value during performance checks and calibration. The 9510 machines use two sensors to measure blood alcohol: An infrared sensor, as required by statute, and an electro-chemical fuel cell. During calibration, the measurements of the two ... Read More »

What Actually Happens In Your Body When You Get “Drunk”?

Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »

MASSACHUSETTS HIGH COURT SCHEDULES HEARING REGARDING EVIDENCE OF DRIVING UNDER THE INFLUENCE OF MARIJUANA

The Massachusetts Supreme Judicial Court has scheduled a hearing for January 6, 2017 to hear argument regarding the relevance and admissibility of certain evidence regarding driving under the influence of marijuana. After the case was remanded to the district court for consideration of several questions raised by the high court, it has returned to the SJC after the issues seem to have been distilled to four key questions. Primarily, the court will hear arguments regarding whether there is a scientifically ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

DUI by Prescription Drugs

During your next visit to your doctor, she prescribes a muscle relaxer, or a “nerve pill” or cough syrup (your choice). You stop by the pharmacy and take the prescribed amount while there because you need immediate relief. On the way home, you are stopped at a red light when you are rear-ended. Once the police arrive, you are ultimately arrested—even though you did nothing wrong! Can this be legal? Unfortunately, it occurs far too frequently. Most people are unaware ... Read More »

Tennessee Repeals New Underage DWI Law

July 1, 2016 was a highly anticipated day for many in Tennessee: for the very first time, wine was available for purchase in grocery stores. Gliding in under the radar, perhaps because of all the hype surrounding the grocery store wine revolution, were many other changes to Tennessee’s alcohol-related criminal laws. One such legislative update changed the way that Tennessee handled a small and categorically difficult class of individuals: underage DUI defendants. These are people ages 18 to 20, who ... Read More »

An Alcohol Monitoring…Tattoo?

As DUI defense practitioners are well aware, a transdermal monitoring device such as a “SCRAM” device (a Secure Continuous Remote Alcohol Monitoring Device) is a prevalent but sometimes onerous tool in the bond condition, plea bargaining and sentencing processes. A client may be ordered to wear a SCRAM device ankle bracelet prior to trial, during probation, or as part of a compromised resolution of the case. The transdermal monitoring device continuously monitors a person’s blood alcohol level through skin contact ... Read More »

Tennessee Increases Jail Time for DUI Offenders with Six or More Convictions

Tennessee is again increasing penalties for multiple DUI offenders.[1] The 2016 Tennessee General Assembly amended Tennessee Code Annotated §55-10-402 to penalize more severely those who are convicted with six or more DUI convictions. This change applies to anyone committing an offense on or after July 1, 2016. As the law currently stands, a conviction for a 4th or subsequent DUI offense is a Class E Felony, which has a punishment range of 1-6 years. Accordingly, the law does not change ... Read More »