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Tag Archives: DUI defense attorney

“Stoned Driving”: How Do You Measure Marijuana Impairment?

There has been a lot of media attention lately to the development of breath-testing devices that claim to provide law enforcement with the ability to detect and measure the presence and amounts of marijuana in a driver suspected of so-called “stoned driving”.  The accuracy of these devices has yet to be widely-accepted in the scientific community.  See, for example, Is It Possible to Prove Driving Under the Influence of Drugs?   Will science and profit-hungry corporations ever be able to ... 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 »

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 »

“Slurred Speech”: Evidence of Intoxication?

As with the odor of alcohol on the breath, few DUI police reports will fail to include an observation by the arresting officer that the drunk driving suspect  exhibited “slurred speech”.  It is a standard criteria for detecting alcohol impairment.  The officer fully expects to hear slurred speech in a person he suspects is under the influence, particularly after smelling alcohol on the breath, and we tend to “hear” what we expect to hear. And hearing it supplies the officer ... Read More »

Drunk Driving Entrapment?

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies?  Does this constitute entrapment? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…. The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the ... Read More »

Can You Be Arrested for “Aiding and Abetting” a Drunk Driver?

Is it possible to be an accomplice to drunk driving – that is, to be convicted of “aiding and abetting” a person who was driving under the influence of alcohol? In one case in Maine, two men were drinking together in a bar.  When they left, the owner of the car had his friend drive since the friend was less intoxicated.  The two were stopped by the police, and the owner/passenger was taken to a police station — where he refused to take a breath test because ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »

Bill to create marijuana BAC equivalent fails in Colorado Senate

As we’ve been reporting on this blog for some time, a proposed bill has been circulating in the Colorado legislature that aimed to establish a legal limit on the nanograms of THC per 100 milliliters of blood that state drivers could register in blood tests given by law enforcement officials.  The bill, formally known as House Bill 13-1114, would have made 5 nanograms of THC per 100 milliliters marijuana’s equivalent of the 0.08 blood alcohol content limit for drivers who are ... Read More »

W.Va. DUI DRUG BILL – PART II

We at The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, strive to constantly provide to inquiring citizens the most up to date, relevant information on the DUI laws of West Virginia and related driving under the influence topics and happenings both in West Virginia and across the nation. Owner and founder of The Wagner Law Firm, West Virginia DUI Defense Attorney, Harley O. Wagner, is the West Virginia contributor for DUINewsBlog.org, the nation’s finest DUI blog site. First, an important clarification: I ... Read More »

Drowsy or Drunk? More About Drowsy Driving

According to the AAA, Drowsy Driving causes nearly one out of six deadly traffic accidents and one out of eight crashes that results in a hospital visit.  Over 40% of drivers admit to having “fallen asleep or nodded off” while driving according to the AAA’s 2010 national survey of U.S. drivers.  Perhaps most alarming is the fact that these statistics may not reflect the full extent of the problem. Hyperarousal is one reason for the under-reporting of accidents that result ... Read More »