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Tag Archives: driving under the influence

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

Massachusetts Implied Consent

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »

IID in PA

IID stands for ignition interlock device and is defined as a handheld breath-alcohol monitoring device that is electronically connected to your vehicle’s ignition. Before starting your vehicle, the IID requires you to take and pass a breath test. If the device detects alcohol, the vehicle will not start. It also requires you to take re-tests while you are operating the vehicle. In Pennsylvania, IID’s are currently required for those who plead guilty or are convicted of a second or subsequent ... Read More »

The Unseen Risks of “One for the Road”

One evening at a restaurant, Martha shares a bottle of wine with a friend.  She nurses one glass over a one-hour dinner.  Nearing the end, another glass is poured from the bottle and she finishes this.  The two friends then order an after-dinner drink.  Noting the time, Martha quickly finishes the drink and leaves.  She is stopped by the police one block from the restaurant.  After questioning and field sobriety tests, she is taken to a police station and tested on a breathalyzer.  The machine shows ... Read More »

The Uber Effect

The Uber Effect – Safety May Be Just One Click Away Launched in 2009, Uber has transformed travel habits through its popular and efficient system of matching potential passengers to Uber drivers and instantaneous wireless payments.  By virtue of Uber’s app or website,[1] individuals may personalize their means of transportation by price and vehicle type.  Expanding to over 200 cities world-wide, Uber has become a viable travel alternative for many. [2] Uber’s success derives from its claim of economic efficiency, ... Read More »

Michigan Drivers Can No Longer Legally Refuse Field Sobriety Tests

If Governor Snyder signs House Enrolled Bill 5385, as expected, it will become unlawful in Michigan to refuse to submit to any sort of preliminary roadside analysis, including field sobriety testing.  The bill was presented to the Governor on October 7, 2014. As of the date of this writing, Michigan law provides that a police officer may require a driver  to submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

“Drive Sober or Pull Over” Versus “Drive Sober or GET Pulled Over”

A couple of weeks ago, a colleague in Tarrant County asked if anyone had a voir dire (jury selection) PowerPoint template for a trial where an accused intoxicated person was parked and not driving. When I volunteered mine, I was shocked and dismayed at how many lawyers had this same type of case. So incensed at the folly of prosecuting people who pull over and try to do the right thing, I gave one of my new associates a project. ... Read More »

Are Stoned Drivers Better Drivers?

With the advent of the legalization of marijuana in Colorado and Washington increased attention is being paid to the issue of stoned driving.  While it remains illegal to drive while stoned in every state in the union, including Michigan, clear scientific proof that stoned driving is dangerous remains elusive. This is because there are studies on both sides of the issue.  Some seem to show that mixing pot and driving is a dangerous combination, while others seem to show no ... Read More »

Back Seat Passenger Convicted of DUI in Michigan

In Michigan the crime of driving under the influence is called operating while intoxicated.  Thus, the word “operate” is substituted for “driving” and the word “influence” is substituted for “intoxicated.” While these differences may seem subtle, the practical effect of them is significant.  Both terms broaden the number of people who might potentially run afoul of the OWI laws in Michigan. Take the term “operate.” In Michigan one does not have to be behind the wheel and fully in control ... Read More »