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U.S. DUI News

DWI/DUI: Mass Hysteria, a Sociological Phenomena

Mass hysteria is a form of groupthink, in which several people with something in common begin to think in the same way. In mass hysteria, the group members all develop a common fear that often spirals into a panic. The group members feed off each other’s emotional reactions, causing the panic to escalate. Mass hysteria is linked to some riots, witch hunts and other events. (about.com) DWI has turned into a sociological mass hysteria. Our highways blare out “Drink. Drive. ... Read More »

Can You Be Arrested for “Aiding and Abetting” a Drunk Driver?

Is it possible to be an accomplice to drunk driving – that is, to be convicted of “aiding and abetting” a person who was driving under the influence of alcohol? In one case in Maine, two men were drinking together in a bar.  When they left, the owner of the car had his friend drive since the friend was less intoxicated.  The two were stopped by the police, and the owner/passenger was taken to a police station — where he refused to take a breath test because ... Read More »

McNeely and Forced Blood Draws in Virginia

Under the implied consent law in Virginia, you are required to give a breath or blood test if an officer arrests you for driving under the influence. If you’ve been in an accident and end up at a hospital, the officer will usually ask for a blood test. You have the power to refuse, but will then face a separate refusal charge with additional penalties. The officer then has a choice to obtain a warrant for a forced blood test, ... Read More »

New Boating Under the Influence Law in Washington

Effective July 28, 2013, a newly-revised Boating Under the Influence (BUI)  law came into effect in the State of Washington.  Penalties were raised to that of a gross misdemeanor instead of a simple misdemeanor.  There still is no mandatory minimum jail term or fine.  A refusal to provide a breath sample is not admissible at the trial, however a boater can be subjected to a $1000 civil fine for refusing a test.  This legislation also authorizes search warrants for blood ... Read More »

Advice to those Accused of dwi dui; Arrested for dwi

If you get arrested for DWI please do yourself a favor: Mimi Coffey Words to Those Accused of DWI. Write out a 10 page autobiography of yourself (a recent Harvard grad told me his high school forced him to do it and it helped him fill out a successful application to Harvard). Focus on your achievements, what makes you shine above and beyond others, your contributions to society. Pick out ten pictures that define your life (kids, being a little league coach, ... Read More »

THE TIDE HAS SHIFTED AGAIN…..

The Supreme Court recently decided a case Missouri v. McNeely, 567 U.S. ____ (2012) holding that police officers cannot normally conduct blood-alcohol tests without a warrant. After being stopped by a police officer for speeding and crossing the centerline the officer noticed several signs that McNeely was intoxicated, including McNeely’s bloodshot eyes, his slurred speech, and the smell of alcohol on his breath. McNeely admitted to the officer that he had consumed “a couple of beers” at a bar, and ... Read More »

Binge Drinking among Women: A Serious Health Problem

According to a CDC report from January 2013, binge drinking has become a serious and under-recognized women’s health problem.  Binge drinking for women is defined as consuming four or more alcoholic beverages on an occasion.  According to this report, such women generally consume around six drinks per binge.  U.S. dietary guidelines define women drinking in moderation as consuming no more than one drink per day. The health problems associated with binge drinking among women include an increased risk of breast ... Read More »

Learning DUI Science

When defending a person charged with DUI, one of the most important questions is whether or not they submitted to a breath, blood, or urine test.  Because the truth of the matter is that it is sometimes difficult to win when there is, for example, a blood test showing a BAC of .13%.  But as law enforcement agencies strive to make DUI detection more scientific, the pitfalls become more evident; and there are plenty of them. Generally speaking, the scientific ... Read More »

Can the Alco-Sensor be Used Against You in Virginia?

If you are pulled over and the officer suspects drunk driving, you will be offered a preliminary breath test – sometimes called an Alco-Sensor.  I have watched many videos where officers tell my clients that the results of the Alco-Sensor “cannot be used in court” and “cannot hurt them.”  But is this true? It is true that the preliminary breath test cannot be used against them to prove DWI or “baby DWI” (under 21 with a blood alcohol level of ... Read More »

PA License Suspensions for Refusing a Chemical Test

As a Pennsylvania licensee, you have already agreed to take a chemical test if ever arrested for driving under the influence.  Because you have already agreed to take a chemical test, whether it is blood, breath or urine, you are subject to enhanced penalties if you refuse.  In looking at it in its most basic terms, a refusal results in your case splitting into two parts: civil and criminal. On the civil side, PennDOT will suspend your license for 12 ... Read More »