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U.S. DUI News

Important Recent Changes to New York’s DWI Laws

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 is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation.  These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period. These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, ... Read More »

.02 BAC Violation, Is it a crime??

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 AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

To Sleep or Not to Sleep? The DUI Ambien Defense

To Sleep or Not to Sleep? The DUI Ambien Defense By:       David Katz, Esquire  &  Andrew Nickolaou, J.D.             Even non-drinkers could be in danger of being charged with DUI in Florida.  If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »

Florida Fails to Follow Rules for Intoxilyzer Maintainence

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 a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »

Carlton Fisk DUI Arrest

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 Monday, October 24th. Hall of Fame catcher Carlton Fisk, a god to Red Sox fans like me after his homerun in Game 6 of the 1975 World Series, was arrested in New Lenox, Illinois, refused to take a breath test and had an open bottle of vodka in the truck which was located in a ... Read More »

False Breathalyzer Readings From Diabetes or Dieting

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 (aka ethanol) contains the group, and so when the machine detects its presence (or, more accurately, infrared energy is absorbed by it), it simply assumes that the detected compound must be ethyl alcohol, otherwise it may lead to a false breathalyzer reading. Problem: there are thousands of compounds containing this molecular group — of which ... Read More »

WV Deferral Program as applied to citizens licensed outside WV

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.” The essence of the program is that a citizen arrested for 1st offense DUI, with no prior DUI convictions, license related suspensions, or maintaining of a CDL license, and who has an alleged BAC < .15, can request, within 30 days of arrest, to participate in the Deferral Program. (*Prior DUINewsBlog.org posts by The Wagner Law Firm ... Read More »

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

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 early reinstatement of their driving privilege with installation of an ignition interlock device (IID) regardless of the date of their violation or conviction. In a published decision issued by the First District Court of Appeal in Matteo v. California State Department of Motor Vehicles (First District Court of Appeal in California, Division 3 – Case ... Read More »

Tennessee Expungement Fees

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 been some confusion about how much a court clerk may charge to file an expungement petition.  In an effort to resolve the many questions relating to this issue, the State of Tennessee Attorney General’s Office issued Opinion Number 12–89.  This opinion provides a detailed analysis of how the Attorney General arrived at its answer, but ... Read More »

Field Sobriety Testing in Oklahoma

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 out, an officer will ask the driver to remove themselves from the vehicle and perform standard field sobriety testing. This method is not meant to deliver a diagnosis with 100%, rather it helps determine whether or not the driver should be taken off the road immediately. If a driver agrees to go ahead with the ... Read More »