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Tag Archives: marijuana

“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 »

A Marijuana Breath Testing Device?

Breath testing devices are commonly used by police officers in their pursuit to enforce Driving Under the Influence (DUI/DWI/OUI, etc.) laws across the nation. These devices not only detect the presence of ethanol, but also attempt to quantify the amount of alcohol in one’s blood. Every state has adopted a per se limit of .08 percent of alcohol in the person’s blood. This means that if a person has a blood alcohol level (breath tests are also commonly used to ... Read More »

Why do I have to pay Virginia a “License Reinstatement Fee”?

Why do I have to pay a !@#$%^&* Virginia “License Reinstatement Fee” when I don’t even have a Virginia License? We’ve had a ton of these questions lately. Usually at least a couple of the caller’s favorite expletives are inserted as they rehearse all the costs they have already paid for a Virginia DWI: court fines & fees, ASAP & treatment fees, FR-44 insurance fees, and possibly even reimbursement of arrest costs to the city or county that arrested them ... Read More »

SCRAM:  Before and After a DWI Conviction in Virginia?

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... 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 »

The DWI Exception to the Constitution is Alive & Well

There is no actual DWI exception to our Constitutional rights; however, DWI Attorney Lawrence Taylor popularized the term to describe numerous Supreme Court rulings that act as if there were. (See http://dwimanual.com/our-attorneys/what-motivates-us/ for more.) A number of DWI Attorneys have written excellent blogs about the Navarette case – but a previous Virginia case that was before the Supreme Court showed once again that the DWI Exception to the Constitution is alive and well. Harris v. Commonwealth of Virginia shared a ... Read More »

Roadside Saliva Testing for Marijuana Coming to a State Near You!

It is unlawful in every state in the union to drive under the influence of marijuana.  In many states, merely having the presence of marijuana is enough to be guilty of DUI!  Specifically in Michigan you are guilty of OWI if you have any amount of THC in your blood.  If you have a medical marijuana card, then the prosecutor must still show impairment. Showing impairment is not always easy, and this often leaves the police with a dilemma; do ... Read More »

Driving with Marijuana Metabolite No Longer Illegal in Arizona

“Smoke ‘em if you got ‘em” is the new word from Arizona Supreme Court (State v. Harris (Shilgevorkyan, Real Party in Interest,) No. CV-13-0056-PR). Arizona was one of but a handful of “metabolite states” where it is illegal to drive with the psychoactive ingredient of marijuana “Tetrahydrocannabinol” (THC) in your system, or any of its metabolites. While it is still illegal to drive with THC in your system, it is no longer illegal to drive with any of pot’s inactive metabolites. ... Read More »

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »

Loss of Concealed Carry for DWIs in Virginia

While the concealed carry law was NOT changed in Virginia this year, the very long concealed carry section was reorganized into a number of smaller sections.  The result:  courts are increasingly requiring defendants convicted of DWI to relinquish their concealed carry permits. And this is for people that were NOT carrying while DWI.  The penalty for concealed carry while intoxicated is another Class 1 misdemeanor with up to a $2500 fine and a year in jail.  Your weapon will also usually be confiscated ... Read More »