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Tag Archives: DWI

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »

Drugged Driving Now More Dangerous than Alcohol

The crime of Driving Under the Influence (DUI, DWI, OWI, etc.) may be committed by driving while impaired due to any intoxicant or combination of intoxicants.  These include, among other intoxicants, alcohol, prescribed medication or illegal drugs.   A 2016 study by the Governors Highway Safety Association (“GHSA”) shows a trend in fatal drug related crashes surpassing deadly accidents involving alcohol. Experts say this trend derives from states legalizing marijuana combined with the current opioid epidemic in America. According to ... Read More »

Does .18% Compel One to Mow a Lawn? Apparently Yes

An Indiana man was arrested for driving his lawn mower while intoxicated.  As reported in USA Today, Barry Ridge drove his riding lawnmower onto someone else’s lawn and started mowing the grass.  He then headed down the road.  Once stopped by the police, they observed his eyes to be “glassy” and gave him a breath test.  He registered .189%. The truly amazing fact is that this is the second time Ridge has been arrested for driving his lawnmower while under ... 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 »

The Administrative Driver’s License Revocation Office (ADLRO) has taken my driver’s license away, is there a way I can drive while the hearings are taking place?

The ADLRO process is administrative in nature.  The hearing officers are not judges and the rules of evidence do not apply.  The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review.  Thereafter you might fight to regain your license.   It is, already revoked when the officer took it.  While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, ... 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 »