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Tag Archives: DUI defense

MASSACHUSETTS PROSECUTORS AND DEFENSE BAR CONTINUE BREATH TEST NEGOTIATIONS

District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine. We expect that all ... Read More »

Driving Under the Influence of Smartphones

Binge watching Netflix.  FaceTiming a friend. Scrolling through your Spotify playlist. All of these seem like harmless activities–until you try to do them while driving. Due to the rise in distracted driving, lawmakers across America are rethinking their laws on smartphones in vehicles. A study completed by AAA showed that 88% of millennial aged drivers acknowledge their dangerous driving habits, however, some of the drivers think that this behavior is acceptable. For example, the study showed that 78.2% of drivers ... Read More »

Is There a DUI Double Standard for Women?

In my previous post, “Are Women More Likely To Be Convicted of DUI?”, I discussed how today’s drunk driving laws and evidence tends to discriminate against women — specifically, I cited a scientific study showing how the lower levels of the enzyme dehydrogenase that breaks down alcohol are lower in women.  However, this is just one example of the problem. In another study, scientists found that women have lower “partition ratios” of blood to breath.  All breath machines in DUI ... Read More »

DUI Technology—The DRUID App

The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states[1] in the U.S. have adopted the 0.08% ... Read More »

The Newest in BodyCam Technology

Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »

Nurse Arrested for Protecting Unconscious Patient from Illegal Blood Draw

United States Supreme Court decisions sometimes have a greater impact on daily life than citizens may realize. On June 23, 2016, the decision Birchfield v. North Dakota[1] changed the procedure on how law enforcement is supposed to request a blood draw from those suspected of committing a crime such as driving under the influence. The key phrase here is that it changed how law enforcement is “supposed to” handle drawing blood. As a recent news story from the Washington Post ... Read More »

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »