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Tag Archives: Drunk Driving

Challenging Blood Test Evidence in a DUI Case

Many people believe that if a DUI blood test returns results that are unfavorable to the DUI suspect, there is nothing that can be done to contest this evidence. Thankfully, this is untrue. There are several ways that a good DUI lawyer can challenge the results of a positive blood test because there are so many ways that a test can become compromised. If the attorney can prove that the integrity of the test was not maintained from collection of ... 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 »

Alabama Governor Signs Law Impacting Alabama DUI Law for CDL Drivers

Yesterday afternoon Alabama Governor Robert Bentley signed into law Alabama Act 2016-152 (Senate Bill 259), which alters the affect a DUI acquittal, dismissal or nolle prose has on commercial driver license holders.  The vast majority if DUI criminal prosecutions in Alabama have a companion, civil driver license suspension case, in which the Alabama Law Enforcement Agency attempts to administratively suspend the accused’s driver license for blowing over the legal limit or refusing to take a breath alcohol test.    People ... Read More »

Diabetes and DUI

Contrary to popular belief, police officers have no inherent skill and little training in detecting levels of intoxication. In fact, they are psychologically predisposed in a drunk driving investigation to “see” what they expect to see, disregarding any alternative explanations. Let’s take a look at one of those possibilities…..As everyone knows, diabetics commonly experience hypoglycemia (low blood sugar levels). And what are the symptoms? Slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation — in ... Read More »

Driving Under the Influence of Alcohol? Not if this High-Tech Device is Operational.

Development of high-tech equipment named the “Driver Alcohol Detection System for Safety” (DADSS) aims to keep potential drunk drivers off the road. In a recent article written on timesunion.com by Tatiana Cirisano, this device will attempt to detect the driver’s blood alcohol content by using breath and touch tests. If the DADSS detects alcohol over the legal limit (.08 percent in all states), the vehicle will shut down and become non-operational. DADSS is a collaborative research partnership between the Automotive ... Read More »

What is “DUI Manslaughter” in Oklahoma?

If you are charged in Oklahoma for having committed a crime that resulted in the death of someone, under the legal definition of homicide you can find yourself being prosecuted along two basic paths: intentional homicide (that is, murder), or negligent homicide, which is also known as manslaughter. If the death of the other person was in connection with your driving of a vehicle while you were allegedly intoxicated, this situation will almost invariably take you down the manslaughter path ... Read More »

SCRAM part 2: It’s All Your Fault!

SCRAM part 2:  It’s All Your Fault! SCRAM stands for “Secure Continuous Remote Alcohol Monitor.”  SCRAM measures alcohol that is eliminated through your skin.  It usually looks like two, small, black boxes that strap to your ankle. As discussed before, an increasing number of judges in Virginia rely on SCRAM to monitor clients before and, sometimes, after trial.  SCRAM is comprised of a fuel cell (like in a preliminary breath test and ignition interlock) and a computer.  The problem is ... Read More »

One Day Touching Your Car Will Detect Alcohol

A recent USA Today article discusses how technological advances have developed new passive alcohol sensors that may help prevent drunk driving (DUI or DWI).  Ignition Interlock Devices have been in general use around the country for years (requiring the driver to blow into the device before starting their vehicle in order to ensure their breath alcohol levels do not exceed the set limits) and are required for many drivers who have been convicted of a DUI or related offense in ... Read More »

Can Body Temperature Affect Breath Test Results?

Law enforcement DUI investigation techniques depend largely upon the fictitious premise that all humans are physiologically identical. Without that presumption, field sobriety and breath alcohol tests would not be possible. There are, of course, many examples of physiological differences — from person to person and within one person from moment to moment — which will directly alter breath or blood alcohol testing in DUI investigations. A few examples are diabetes, GERD (acid reflux), anemia — even sex and race create ... Read More »