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Breathalyzers and the “Mouth Alcohol” Problem

Lawrence Taylor November 21, 2012 No Comments

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption

Oklahoma Teen Sentenced to 10 Years of Church

Bruce Edge November 17, 2012 No Comments

THE SEPARATION OF CHURCH AND STATE? November 17, 2012 It is no surprise that judge Mike Norman handed down church attendance as part of a plea

Important Recent Changes to New York’s DWI Laws

Peter Gerstenzang November 8, 2012 No Comments

On September 25, 2012, the Department of Motor Vehicles promulgated “proposed” regulations that dramatically increase the sanctions for drivers with repeat alcohol- and drug-related offenses. It

.02 BAC Violation, Is it a crime??

David Katz October 31, 2012 No Comments

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site

To Sleep or Not to Sleep? The DUI Ambien Defense

David Katz October 30, 2012 No Comments

To Sleep or Not to Sleep? The DUI Ambien Defense By: David Katz, Esquire & Andrew Nickolaou, J.D. Even non-drinkers could be in

Florida Fails to Follow Rules for Intoxilyzer Maintainence

David Katz October 29, 2012 No Comments

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take

Carlton Fisk DUI Arrest

John Webb October 24, 2012 No Comments

Carlton Fisk DUI Arrest The author of one of the greatest home runs in baseball history, thirty-seven years ago Sunday, was arrested for DUI/OUI/DWI on

False Breathalyzer Readings From Diabetes or Dieting

Lawrence Taylor October 23, 2012 No Comments

It is a little-known fact that breathalyzers do not measure alcohol: they actually measure the presence of a molecular group in chemical compounds. Ethyl alcohol

WV Deferral Program as applied to citizens licensed outside WV

Harley Wagner October 23, 2012 No Comments

In June of 2010, the West Virginia legislature enacted 17C-5-2b, an additional component to our 17C-5-2 DUI statute. It is commonly referred to as the “Deferral Program.”

Court Declares Multiple DUI Offenders Eligible For Early IID-Restricted Licenses

Paul Burglin October 14, 2012 No Comments

California residents convicted of a second or third drunk driving offense, or alcohol-related reckless driving (commonly referred to as a “wet reckless”), may now obtain

Tennessee Expungement Fees

Steve Oberman October 8, 2012 No Comments

Due to the new Tennessee expungement law (allowing for the erasure of an arrest or conviction from public record) effective July 1, 2012, there has

Field Sobriety Testing in Oklahoma

Bruce Edge October 5, 2012 No Comments

When someone is pulled over for suspicious driving, the police officer is trained to test for different causes. Were they distracted? Texting? Intoxicated? To find

Butt-Chugging & Alcohol Enemas

Steve Oberman September 29, 2012 No Comments

During the last week, the news in Knoxville has focused on an unbelievably stupid or ignorant act by a University of Tennessee fraternity member who,

Maine’s “Move Over Law” – Another Reason To Get Pulled Over

John Webb September 28, 2012 No Comments

For a law enforcement officer to stop you, they must have a “reasonable articulable suspicion” that criminal activity is underway. One issue that gives rise