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Tag Archives: driving while intoxicated

Loss of Concealed Carry for DWIs in Virginia

While the concealed carry law was NOT changed in Virginia this year, the very long concealed carry section was reorganized into a number of smaller sections.  The result:  courts are increasingly requiring defendants convicted of DWI to relinquish their concealed carry permits. And this is for people that were NOT carrying while DWI.  The penalty for concealed carry while intoxicated is another Class 1 misdemeanor with up to a $2500 fine and a year in jail.  Your weapon will also usually be confiscated ... Read More »

Legally Prescribed Medication May Lead to a DUI Conviction

I receive many calls from persons arrested for DUI by prescription drugs who want to use as their defense the fact that they were taking the dosage of medication prescribed by their physician.  Today, prescription and over-the-counter drugs are a normal part of daily life for many people—many of whom are surprised to hear that taking a legally prescribed medication can still lead to a DUI conviction. Many prescription and over-the-counter drugs may impair a person’s ability to operate a ... Read More »

Paying Police to Arrest You! A growing trend in Virginia.

You decide to go it alone – skip hiring a DWI defense attorney – and you get convicted of a DWI.  You pay a $250 fine that becomes almost $500 with court costs.  You pay a $300 entry fee for the Alcohol Safety and Action Program and even more for treatment and classes.  You pay $600 to $800 for ignition interlock so that you can begin to drive again.  You pay a DMV reinstatement fee.                 You file for FR44 ... Read More »

The Science of Fear & Field Sobriety Tests

Read the Article here! The Science of Fear & field sobriety tests: Fear is not just mental. It is physical. It is involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in  a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application of these nonscientific tests without any proper scientific consideration to fear. Here is the article I wrote, very relevant for anyone arrested for DWI/DUI. (link above, on ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

Using Medical Marihuana While On Bond for DUI

If you are charged with virtually any alcohol and drug related driving offenses you will be entitled to bond.[i] This includes the most serious intoxicated driving offenses such as those involving death or serious injury. This does not mean that the Michigan court cannot keep close tabs on you while you are on bond.  The court can impose many different conditions on your bond, such as periodically reporting to a monitoring agency, not using alcohol, participate in therapy or AA, ... Read More »

McNeely and Forced Blood Draws in Virginia

Under the implied consent law in Virginia, you are required to give a breath or blood test if an officer arrests you for driving under the influence. If you’ve been in an accident and end up at a hospital, the officer will usually ask for a blood test. You have the power to refuse, but will then face a separate refusal charge with additional penalties. The officer then has a choice to obtain a warrant for a forced blood test, ... Read More »

Can the Alco-Sensor be Used Against You in Virginia?

If you are pulled over and the officer suspects drunk driving, you will be offered a preliminary breath test – sometimes called an Alco-Sensor.  I have watched many videos where officers tell my clients that the results of the Alco-Sensor “cannot be used in court” and “cannot hurt them.”  But is this true? It is true that the preliminary breath test cannot be used against them to prove DWI or “baby DWI” (under 21 with a blood alcohol level of ... Read More »

Alcohol Inhalation: the Truth behind the Lies

Editor’s note:  Steve Oberman and the other lawyers at Oberman & Rice not only defend those accused of driving under the influence and related crimes, we are sincerely concerned about our clients.  As a service to those who feel the need to become inebriated by any means, and in our continuing efforts to educate the public about responsible consumption of alcohol and other intoxicants, we are publishing the following guest commentary authored by Matthew R. Lish, who, at the time ... Read More »

State laboratory to suspend blood-alcohol and blood-drug testing

In a press release issued today, the Colorado Department of Public Health and Environment has announced that it will suspend itself from blood-alcohol and blood-drug testing due to systemic failures and staff incompetence. DENVER – Effective July 3, the Colorado Department of Public Health and Environment will suspend blood-alcohol and blood-drug testing performed at its toxicology laboratory until further notice. During this suspension, the state toxicology lab will complete the work on samples currently in the testing process. Unprocessed specimens will ... Read More »