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Tag Archives: Drunk Driving

Why do I have to pay Virginia a “License Reinstatement Fee”?

Why do I have to pay a !@#$%^&* Virginia “License Reinstatement Fee” when I don’t even have a Virginia License? We’ve had a ton of these questions lately. Usually at least a couple of the caller’s favorite expletives are inserted as they rehearse all the costs they have already paid for a Virginia DWI: court fines & fees, ASAP & treatment fees, FR-44 insurance fees, and possibly even reimbursement of arrest costs to the city or county that arrested them ... Read More »

Powdered Alcohol Set To Go On Sale This Summer? In Oklahoma?

A new formulation of alcohol in powdered form has apparently been approved by the U.S. Alcohol and Tobacco Tax and Trade Bureau. What this will mean when it comes to state laws governing driving while under the influence of alcohol remains to be fully understood, but some states are already enacting legislation to restrict or even to prohibit the sale of the new product. The inventor of the new product has named it “Palcohol.” The formulation for how it is ... Read More »

Factors Affecting Oklahoma Intoxilyzer and Breathalyzer Tests

Breathing into a Intoxilyzer can feel like testifying against oneself. From the perspective of the person being subject to a breath test, there is no reasoning with it, and no arguing against it. Our faith in modern technology means that technology cannot lie. Or so police officers, prosecutors and their expert witnesses would like you to believe. But is that really the case? Are breathalyzer/Intoxilyzer tests infallible? Part of establishing the existence of a reasonable doubt when it comes to ... Read More »

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 »

Michigan’s New Drunk Driving Law Might Lead to More Acquittals

There has been quite a buzz around Michigan lately as the press is waking up to the fact that Michigan’s Legislators blew it last year when they amended the State’s drunk driving laws. Last October Michigan Public Act 315 was signed into law.  This new law, which became effective on January 12, 2015, makes all field sobriety tests inadmissible during the trial of an allegedly intoxicated driver. The law was drafted as part of compromise between those who wanted roadside ... Read More »

The Top Ten Ways to Avoid a DUI on Super Bowl Sunday

Super Bowl Sunday is known to be one of the biggest drinking nights of the year.  Many people attending Super Bowl parties will start drinking early in the day.  If you plan on celebrating the win or even the loss of your favorite team, here are some of the myths to keep in mind about drinking and driving.  Knowing about them might help you avoid starting the year with a drunken driving arrest. “Don’t kid yourself,” said Birmingham, Michigan-based DUI ... 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 »

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 »

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 »