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U.S. DUI News

Watch out Ohio – Drug Recognition “Experts” are Here

Ohioans, especially baby boomers taking any prescription medicines, should be very nervous. Why? You are now the focus of the newest toy in the Ohio drunk driving, DUI – OVI, enforcement toy box. The Feds have given Ohio lots of money to obtain and use this toy.  Recently both the Columbus Dispatch and WBNS 10TV interviewed me for stories about the new DRE training program.  Amazingly, in the 10TV story, the spokesman for the Ohio Highway Patrol asserted that officers ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »

Mississippi Highway Patrol Gets Dinged by Supreme Court

It is common knowledge at my office that the Mississippi Highway Patrol, as well as some other agencies, is generally unresponsive to discovery requests in trial court, for whatever reason.  Typically, our requests for police reports and notes, audio and video records, and other evidence are ignored; we will get to see the evidence when we show up for court.  But what happens when that evidence is lost or destroyed before an appeal can be prosecuted, and before the defendant ... Read More »

How to Force a DUI Defendant to Prove His Innocence

The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving. So how does the prosecution prove what the BAC was when the defendant was driving? ... Read More »

New York Ignition Interlock Device Pamphlet

IID PAMPHLET If you are convicted of common law Driving While Intoxicated (“DWI”), per se DWI, or per se Aggravated DWI, you are required to install and maintain an Ignition Interlock Device (“IID”) in any vehicle(s) that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.  Therefore, even if you do not drive during this period you will be in violation of your sentence if there is a ... Read More »

New Felony DWI law in Virginia: from 0 to 365 days on July 1, 2013!

Third and subsequent DWIs became felonies in Virginia in 1999.  Since that time, Virginia has had a 10 year lookback period for using previous DUIs to enhance punishments.  Currently, Virginia Code § 18.2-270 has the following DWIs and minimum mandatory punishments: 3 DWIs committed within a 10 year period   90 days 3 DWIs committed within a 5 year period     6 months 4 (or more) DWIs within a 10 year period      1 year These portions of the law remain the same. ... Read More »

Laws requiring breathalyzers in the cars of DUI offenders has reached 18 states and counting

Maine is the newest state to propose a bill that would allow first time and habitual DUI offenders to cut down on their license suspensions by having a breathalyzer installed in their vehicles. The breathalyzer, also known as the ignition interlock device (IID), is a device wired to a vehicle’s ignition that requires a breath sample from the driver before the engine will start. A photo of the driver is taken while the sample is being given and transmitted to ... Read More »

DUI checkpoints near baseball stadiums hits home for Angels fans

After celebrating the New York Yankees 5-4 victory over the Toronto Blue Jays, Yankee fans left the stadium in a hurry in the hopes of beating the post-game traffic only to be stopped minutes later by the four police DUI checkpoints that were set up just blocks from the stadium. The Bronx police reassured fans that the checkpoints were not aimed towards Yankees fans but were part of a citywide effort to crackdown on drunk driving. An effort that Angels ... Read More »

Clearing DUI Records in Mississippi

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »

Blood Testing- Fermentation

Blood Testing- Fermentation On the topic of blood testing: Blood Test practice tip: “1-propanol, acetaldehyde, acetone, 2-propanol, isobutanol. . . have been considered as biochemical markers. . . to be flagged as suspicious for microbial contamination.” Forensic Science Intl 174(2008) 133-151. I have seen many client chromatograms with these compounds. Blood testing needs to be regulated. In Texas, NO such regulations exist. Most labs still don’t even report a margin of uncertainty. There should be a law that the lab videotape the ... Read More »