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Tag Archives: DUI attorney

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 »

Canine Sniffs and DUIs – United States v. Rodriguez

Imagine being pulled over for a minor speeding violation. The law enforcement officer casually approaches your vehicle, checks your driver’s license, proof of insurance, registration, and then issues a warning for the trivial violation before returning to his patrol car.  Relieved, the driver places the citation in his console assuming that the traffic stop had concluded.  Unexpectedly, the law enforcement asks you if his police canine may walk around your vehicle. Despite your refusal, the police canine is jumping and ... 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 »

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 »

Gerry Spence, Geoffrey Feiger and Michigan Drunk Driving

It must be well known by now that in August of 2007 Michigan’s most famous, Mr. Geoffrey Feiger, was indicted on a ten-count complaint, alleging various manners and forms of violation of the Federal Campaign Act.  Feiger retained Gerry Spence to represent him, who later indicated Feiger’s would be his last trial.  On June 2, 2008 the jury acquitted Feiger on all 10 counts. In this fascinating video Feiger and Spence talk about the case with attendees/students of the Gerry ... 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 »

Oklahoma DUI/APC Primer

If you are charged in Oklahoma with Driving Under the Influence of Alcohol or Drugs (DUI, DUI-D) or charged with Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol or Drugs (APC), there are several basic things to know. If arrested for an Oklahoma DUI or an Oklahoma APC, you can be charged with a Municipal DUI or a District Court State charge of DUI.  The choice is generally the officer if he/she is a municipal officer.  If your DUI arrest is actuated ... Read More »