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Tag Archives: Arrested For DUI

FAA Pilot Reporting Considerations

Are you a Pilot? If so, here are some DUI considerations you should know about. Being a licensed pilot means that you are qualified to operate two kinds of motor vehicles: those confined to the ground, and aircraft. Under ordinary circumstances you can consider these two forms of transportation to be separate realms, but there is one aspect in which they can intersect and not in a good way: if you run afoul of drunk driving laws, in Oklahoma or ... Read More »

What is “DUI Manslaughter” in Oklahoma?

If you are charged in Oklahoma for having committed a crime that resulted in the death of someone, under the legal definition of homicide you can find yourself being prosecuted along two basic paths: intentional homicide (that is, murder), or negligent homicide, which is also known as manslaughter. If the death of the other person was in connection with your driving of a vehicle while you were allegedly intoxicated, this situation will almost invariably take you down the manslaughter path ... Read More »

Powdered Alcohol Set To Go On Sale This Summer? In Oklahoma?

A new formulation of alcohol in powdered form has apparently been approved by the U.S. Alcohol and Tobacco Tax and Trade Bureau. What this will mean when it comes to state laws governing driving while under the influence of alcohol remains to be fully understood, but some states are already enacting legislation to restrict or even to prohibit the sale of the new product. The inventor of the new product has named it “Palcohol.” The formulation for how it is ... Read More »

Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The ... Read More »

Colorado DUI Case on it’s way to the U.S. Supreme Court

Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

Oklahoma DUI/APC Primer

If you are charged in Oklahoma with Driving Under the Influence of Alcohol or Drugs (DUI, DUI-D) or charged with Actual Physical Control of a Motor Vehicle Under the Influence of Alcohol or Drugs (APC), there are several basic things to know. If arrested for an Oklahoma DUI or an Oklahoma APC, you can be charged with a Municipal DUI or a District Court State charge of DUI.  The choice is generally the officer if he/she is a municipal officer.  If your DUI arrest is actuated ... Read More »

Michigan Drivers Can No Longer Legally Refuse Field Sobriety Tests

If Governor Snyder signs House Enrolled Bill 5385, as expected, it will become unlawful in Michigan to refuse to submit to any sort of preliminary roadside analysis, including field sobriety testing.  The bill was presented to the Governor on October 7, 2014. As of the date of this writing, Michigan law provides that a police officer may require a driver  to submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

Michigan Drunk Drivers to Pay Salaries and Benefits of Judges, Prosecutors and Police Officers

A person convicted of drunk driving in Michigan will be ordered to pay both fines and costs as part of his/her punishment. The maximum fine is set by law; for example, a first offense drunk driving has a maximum fine of $500.00.  The same is not true however of the maximum costs that a Michigan drunk driver might be ordered to pay. Costs in drunk driving cases can vary considerably from court to court, and even from judge to judge ... Read More »