Saturday , December 16 2017
Home / Tag Archives: DUI lawyer (page 3)

Tag Archives: DUI lawyer

The Unseen Risks of “One for the Road”

One evening at a restaurant, Martha shares a bottle of wine with a friend.  She nurses one glass over a one-hour dinner.  Nearing the end, another glass is poured from the bottle and she finishes this.  The two friends then order an after-dinner drink.  Noting the time, Martha quickly finishes the drink and leaves.  She is stopped by the police one block from the restaurant.  After questioning and field sobriety tests, she is taken to a police station and tested on a breathalyzer.  The machine shows ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... 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 »

Do Breathalyzers Measure Alcohol?

Breathalyzers don’t actually measure alcohol. That’s right.  What they actually detect and measure is any chemical compound that contains the methyl group in its molecular structure.  There are thousands of such compounds — including quite a few which can be found on the human breath. And this machine that determines a person’s guilt or innocence in a DUI case will “see” all of those chemicals as alcohol — and report a falsely high blood-alcohol concentration (BAC). Most breath machines used ... Read More »

New Technology to End Drunk Driving?

In August 2013, National Highway Traffic Safety Administration Chief David Strickland wrote to the CEO’s of major automakers and urged them to continue supporting research and development of in-vehicle alcohol detection systems.  In 2008, research funded by automakers and the federal government began an effort to develop in-vehicle technologies that would prevent intoxicated drivers from starting and driving a car.  Although the Ignition Interlock Devices that are currently used accomplish this same goal, this new technology would differ significantly. Ignition ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

Legally Prescribed Medication May Lead to a DUI Conviction

I receive many calls from persons arrested for DUI by prescription drugs who want to use as their defense the fact that they were taking the dosage of medication prescribed by their physician.  Today, prescription and over-the-counter drugs are a normal part of daily life for many people—many of whom are surprised to hear that taking a legally prescribed medication can still lead to a DUI conviction. Many prescription and over-the-counter drugs may impair a person’s ability to operate a ... 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 »

Breathalyzers and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings in DUI cases is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the DUI suspect’s blood, rather ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »