DUI News and Laws
Welcome to the DUI News Blog. Some of the best DUI defense attorneys from across the country have been selected to provide the public with current information and analyses of legal issues relating to the defense of Driving Under the Influence cases.
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Recent DUI Posts
Ohio State Highway Patrol Begins Use of Oral Fluid Testing
The Ohio State Highway Patrol (OSHP) is now using oral fluid testing to determine drivers’ THC levels. According to a report by NBC4i, OSHP launched a pilot program in August of 2024 and just recently began implementing use of the new testing method. Ohio laws have been revised to permit oral fluid tests, but the testing method has problems.
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The Corpus Delecti Rule in DUI Cases
Understanding How It Works in Florida Introduction The corpus delecti rule is a key concept in criminal law, meaning that there must be proof that a crime actually happened before someone can be convicted of it. In DUI (Driving Under the Influence) cases, this rule is really important to make sure there’s enough evidence to show that someone was driving under the influence of alcohol or drugs. In Florida, several significant cases have shaped how this rule is applied, showing its complexities and challenges. What Is Corpus Delecti? “Corpus delecti” means “body of the crime” and refers to the basic elements that need to be proven to show that a crime occurred. For DUI cases, this means the prosecution has to prove two main things: Why Independent Evidence Matters According
Is Reducing the per se Blood Alcohol Level the Solution?
In 2017, Utah became the first (and so far, the only) state to pass legislation to lower the per se legal limit from .08% to .05%. The Utah law, however, did not become effective until December 30, 2018, just before New Year’s Eve. Was the reduction effective? According to a National Highway Traffic Safety Administration press release, in 2019, the first year under the lower legal limit, Utah’s fatal crash rate dropped by 19.8% and the fatality rate decreased by 18.3%. “NHTSA also found none of the economic impacts that had been predicted with the change from .08% to .05%. Alcohol-impaired-driving arrests did not climb sharply after the law went into effect, as some had feared.” A full report evaluating Utah’s .05% law may be downloaded here. The report stated
The Legal Process of Getting an Ignition Interlock Device
The legal process for getting an ignition interlock device (IID) varies by state, but here’s a general step-by-step guide. 1. Understand State Requirements The first step is to determine whether you are required to install an IID. This information typically comes from your state’s Department of Motor Vehicles (DMV) or the court handling your case. Requirements may include: 2. Receive a Court or DMV Order In most cases, the court or DMV will formally notify you if you need to install an IID. This order may come as part of your sentence or as a condition to regain your driving privileges. Ensure you meet any prior conditions, such as: 3. Choose a Certified IID Provider Once you’ve been ordered to install an IID, you’ll need to select a provider approved
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The DUI Accident Exception to Florida Misdemeanor Arrest Requirements
Introduction DUI accidents are an exception to a law in Florida which requires that for a police officer to make an arrest for a misdemeanor crime, they must witness all elements of the crime being committed in their presence. This requirement is known as the “presence requirement,” and it applies to a wide range of misdemeanor offenses. However, there are notable exceptions to this rule that allow officers to arrest individuals without directly witnessing the crime. One significant exception pertains to cases involving Driving Under the Influence (DUI). Understanding Misdemeanor Arrest Requirements in Florida DUI accidents in which no one is seriously injured are misdemeanors in Florida. Misdemeanors are less severe offenses than felonies. These crimes have penalties which are less severe than felonies. The penalties for Misdemeanors can include
California DUI News
Watson Murder Conviction Upheld In Second Trial After Defendant Convicted On Only Gross Vehicular Manslaughter In First Trial
California’s Fourth District Court of Appeal, Division One, just affirmed the second degree murder conviction of Adam Barooshian. People v.
Why The Rule of Lenity Should Be Invoked Regarding Diversion Eligibility For DUI Offenses
Grassi v. Superior Court (Div. Three of the Fourth District Court of Appeal – G060362) recently held DUI offenses are
Diversion Now Possible For All Misdemeanor DUI Offenders in California
Effective January 1, 2021, all persons charged with misdemeanor DUI offenses in California (Vehicle Code sections 23152 and 23153) are
Tennessee DUI News
Is Reducing the per se Blood Alcohol Level the Solution?
In 2017, Utah became the first (and so far, the only) state to pass legislation to lower the per se
Tennessee Driver’s License Reinstatement
My office receives many phone calls from people wanting to reinstate their driver’s license. It is a process that can
2024 Tennessee Law Presumes Opioid Impairment With Antagonist
As of July 1, 2024, a person who was administered an opioid antagonist is presumed to be impaired while driving
Mississippi DUI News
Driver arrested for DUI after crashing into Jackson outreach center
Source: wjtv.com by: Delesha Banks JACKSON, Miss. (WJTV) – A local community leader said one of his outreach centers was
Is the new “autonomous” car really autonomous?
When we think about the new electrical cars we hear the terms “autonomous” or “self-driving cars” a lot. However, are
Drunk-Driving Simulation Suit
Beer goggles and drunk leg and arm weights – this “drunk-suit” simulates what it feels like to be drunk while
Texas DUI News
Are DWI Laws in Texas Tough? What Should I Expect?
DWI laws in Texas are stringent, aiming to deter and penalize individuals who operate vehicles while intoxicated by alcohol or
Access to Your DWI Defense Lawyer
RULES TO KEEP IN MIND FOR ACCESS TO YOUR DWI DEFENSE LAWYER: The Coffey Firm’s office hours are 8:30 to
Can A DWI Affect My Eligibility For Global Entry?
In general, all United States citizens and lawful permanent residents possess eligibility to apply for Global Entry. This is a
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