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U.S. DUI News

Alcohol + Energy Drink = GIVE ME MORE!

It should be no surprise that the energy drink market has grown tremendously.  One would be hard pressed to walk into most supermarkets or convenience stores without passing by cooler stocked with a variety of energy drinks.  In fact, one report notes that the industry grew more than sixty percent between 2008 and 2012; for the year ending April 15, 2012, the market was estimated to be worth $12.5 billion. And with the market booming, it should come as no ... Read More »

Does Marijuana Impair Driving?

It is against the law to drive while under the influence of marijuana. It has always been assumed that cannabis, like alcohol, impairs the perception, coordination, reflexes and judgment necessary for the safe operation of a motor vehicle. And, of course, there have been governmental studies addressing the question: Does marijuana impair driving? Interestingly, however, the findings do not necessarily support popular opinion…. On the one hand, the California Department of Justice concluded long ago that marijuana undoubtedly impairs psychomotor ... Read More »

How do machines test for alcohol in breath?

Although three types of breath-testing estimators are approved for use in Arizona, the police only use one–the Intoxilyzer 8000© made by CMI, Incorporated, in Owensboro, Kentucky. The Intoxilyzer 8000 uses Infrared Spectroscopy to analyze breath to create and estimated breath alcohol content. It does this by first projecting infrared (IR) light through a sample chamber at two IR detectors with only ambient air in the chamber. It measures the amount of IR light that strikes the detectors and sets up ... Read More »

DUI Hard-Charger Falls on Hard Times

According to reports from various news outlets, including ABC and Fox News, several hundred DUI arrests in Utah are now in question following a lawsuit filed last month.  The two plaintiffs, Thomas Romero and Julie Tapia, filed their complaint in the U. S. District Court in Utah, alleging civil rights violations by former Utah State Trooper Lisa Steed.  Romero alleges that Steed arrested him for DUI when his BAC was 0.00; Tapia similarly claims that Steed arrested her for DUI ... Read More »

Mississippi Senate Bill 2183: Ending Beer Discrimination or Enabling Abuse?

With the ratification of the 21st Amendment in 1933, prohibition came to an end.  The federal government, as well as the several states, exercising their new-found authority to regulate the substance, began passing laws to provide for its manufacture, consumption, and possession.  And amid the deluge of subsequent legislation, the federal legislature was kind enough to allow for in-home production of wine; but they apparently forgot about beer.  In fact, it was not until 1979 that the home brewing of ... Read More »

MADD Science in Mississippi: Ignition Interlock Devices for Everyone?

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,000 DUI-related fatalities in 2010.  NHTSA also reports that DUI-related traffic crashes cost an estimated $37 billion annually.  And although many of us are likely familiar with these statistics, they attest to the truth of the matter: the social consequences of drunk driving are severe. In response, Mothers Against Drunk Driving tirelessly seeks to reciprocate by lobbying for equally severe consequences for DUI offenders.  And partly due to ... Read More »

“Mixing Alcohol with Diet Soda May Make You Drunker”

This is the title of a new NPR report about a recent study done on the effects of mixing alcohol with diet soda rather than sugared soda. Author Allison Aubrey posted the following information on the NPR “insider’s blog:” “Alcohol, consumed with a diet mixer, results in higher (BrAC) Breath Alcohol Concentrations as compared to the same amount of alcohol consumed with a sugar-sweetened mixer,” says Cecile Marczinski, a cognitive psychologist who authored the new study. Why? Turns out that sugar ... Read More »

Drunk? Just Ask Your Ice Cube

Created by a student at MIT, glowing ice cubes are now able to calculate how much you are drinking and respond by changing color: green after sip one, yellow after sip two, eventually changing to red signaling you should slow your alcohol intake.  The circuit in the ice cube keeps track of time and the number of sips you take.  This allows the ice cube to, according to reports, reliably guess your level of intoxication.  Should you drink too much, ... Read More »

Proposed Mississippi DUI Law Change Would Allow Online MASEP Classes

Mississippi law requires that drivers convicted of DUI First Offense “attend and complete an alcohol safety education program.”  Mississippi Code Annotated section 63-11-30 not only includes MASEP as a sentencing requirement, but it also establishes MASEP completion as a prerequisite for obtaining driver’s license reinstatement or a hardship license pursuant to the 90-day administrative suspension provision.  Clearly, then, MASEP is unavoidable for first offenders convicted under Mississippi’s DUI statute. Authority for the MASEP program is found in Mississippi Code Annotated section 63-11-32.  In addition to providing ... Read More »

Anticipated Changes in Tennessee DUI Legislation and Enforcement

In our efforts to monitor potential changes to the DUI laws in Tennessee, the lawyers at Oberman & Rice learned that yesterday (January 28, 2013), the Tennessee Department of Safety held a meeting to discuss the DUI Portion of the Governor’s new Safety Plan.  The non-technical portion of the plan reflects the following changes: 1) Future aggressive enforcement of DUI laws by a. An analysis of arrest location data to facilitate & maximize enforcement; and b. a 70% increase in ... Read More »