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Tag Archives: marijuana

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 »

MASSACHUSETTS LEGISLATURE PREPARING MARIJUANA BILL FOR GOVERNOR BAKER

One day after the Massachusetts House voted to raise the proposed tax on retail marijuana sales to 28 percent, the Senate overwhelmingly voted (30-5) to preserve the 12 percent maximum endorsed by voters in a ballot question last November. The proposed legislation is now headed to a conference committee with hopes that a final bill will be sent to the Governor by next Friday, June 30. The selling of marijuana for recreational purposes is currently illegal in Massachusetts but the ... 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 »

“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 »