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Tag Archives: driving under the influence

SCRAM:  Before and After a DWI Conviction in Virginia?

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... Read More »

No Powdered Alcohol for Sale in Tennessee

The Tennessee Senate has approved legislation in 2015 that would ban the sale of powdered or crystalline alcohol in Tennessee. Specifically, Senate Bill 0374 would make it a Class A misdemeanor offense to sell the product. A similar Bill ( HB0404) has been filed in the Tennessee House of Representatives. A Class A misdemeanor generally carries a penalty of from straight probation to 11 months, 29 days in jail; a fine from $0 to $2,500; or both, plus court costs. ... Read More »

Providing Information at a Tennessee DUI Roadblock or Sobriety Checkpoint

At a typical sobriety checkpoint trying to identify drivers under the influence of alcohol and/or drugs, motorists are forced to stop their vehicle, roll down their window, and usually provide certain documentation to an officer.  The documentation generally includes a valid driver’s license, proof of registration and proof of financial responsibility (liability insurance). While the driver is gathering these documents, the officer may also ask questions about what the driver may or may not have been doing before reaching the ... Read More »

Sometimes the Treatment for an Oklahoma DUI Conviction Can Seem Like Punishment Itself- Oklahoma DUI Defense

Conviction based on a violation of Oklahoma’s DUI laws carries with it a number of penalties, which vary in severity based on factors such as whether the conviction is for a first-time or subsequent offense or the degree of intoxication. Penalties can include sanctions like fines, community service, jail time, or the requirement to have an ignition interlock device installed in his or her vehicle. The home page of our Oklahoma DUI Defense website contains the text of the law ... Read More »

ARE YOU REQUIRED TO ROLL DOWN YOUR WINDOW AT A DUI ROADBLOCK / CHECKPOINT?

There has been quite a bit of buzz lately about a video illustrating a Florida attorney’s creative advice on handling DUI roadblocks / checkpoints. The video suggests you hang your ID and other documentation outside of your rolled up car window in a zip-lock bag along with a note stating “I remain silent. No searches. I want my lawyer….”  In the video, this approach works like a charm, but that does not mean it is good advice for drivers to ... Read More »

Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The ... Read More »

The Tennessee Drug-Free Workplace Program and Drunk Driving

52.6 million American adults are binge[1] drinkers—more than Tanzania’s entire population, an East African country, of 49,639,138.[2] These binge drinkers are not simply unemployed town drunks—42.1 million work either full or part time.[3] However, alcohol is not the only abused substance affecting Americans; illicit drug use has contributed to approximately 23.9 unprescribed drug users in the United States—9.4 million are employed adults.[4] Substance abuse also contributes to approximately 30 million Americans who are driving under the influence of alcohol each ... Read More »

Avoiding a DUI – Guaranteed

  Holidays are a time for family, fellowship, and festivities.  However, take precautionary measures if your holiday celebrations include alcohol. Many sober and safe ride services are available during holidays to limit the amount of intoxicated drivers and maintain safe roads.  The National Highway Traffic Safety Administration (NHTSA) has compiled a list of designated driver services across the country, some of which conveniently return you, and your vehicle, back home. [1]  Other services and programs offer designated drivers, scheduled pick-ups, ... Read More »

Colorado DUI Case on it’s way to the U.S. Supreme Court

Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »

ABA Opinion Allows Lawyers to Investigate Juror’s Facebook and Social Media Pages

According to American Bar Association Formal Opinion 466, issued April 24, 2014, trial lawyers may review the social media sites of jurors selected for jury service in their trials.  This might be done for two reasons; first to determine if a juror is a good candidate for a particular trial, and second, to determine if a juror has, during the trial, violated an order of the court by posting anything inappropriate about the trial. The ABA opinion decided to tackle ... Read More »