The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states in the U.S. have adopted the 0.08% ... Read More »
Tag Archives: board certified DUI defense attorney
The Newest in BodyCam Technology
Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »
Nurse Arrested for Protecting Unconscious Patient from Illegal Blood Draw
United States Supreme Court decisions sometimes have a greater impact on daily life than citizens may realize. On June 23, 2016, the decision Birchfield v. North Dakota changed the procedure on how law enforcement is supposed to request a blood draw from those suspected of committing a crime such as driving under the influence. The key phrase here is that it changed how law enforcement is “supposed to” handle drawing blood. As a recent news story from the Washington Post ... Read More »
To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2
This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law. If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »
To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1
Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »
GROUNDWORK SET FOR ADDITIONAL CHALLENGES TO DRAEGER ALCOTEST 9510 BREATH TEST MACHINES IN MASSACHUSETTS
The recent decision by Massachusetts district court judge Robert Brennan regarding Draeger Alcotest 9510 breath test machines in Massachusetts laid the groundwork for more wide-ranging challenges to the devices. Brennan’s decision is a win for defendants whose breath test results are from 9510 devices that were last calibrated before the state police Office of Alcohol Testing (“OAT”) established written protocols regarding annual calibration on September 14, 2014. In his decision, Judge Brennan noted that “in the absence of written protocols, ... Read More »
Will .05% Become the New National Legal Limit?
On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%. On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation. The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve. This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »
Just How Robust is the Horizontal Gaze Nystagmus Test?
What does it mean for something to be robust? Some of the synonyms of the word “robust” are strong, sturdy or powerful. In 2007 the National Highway Traffic Safety Administration (NHTSA) undertook a study to see just how “robust” or “powerful” the Horizontal Gaze Nystagmus Test was in the prediction of blood alcohol levels in humans. The study was titled “The Robustness of the Horizontal Gaze Nystagmus Test”, Southern California Research Institute, in conjunction with the U. S. Department of ... Read More »
What Actually Happens In Your Body When You Get “Drunk”?
Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »
Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement
On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw. A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies. For example, some exceptions include consent to the blood ... Read More »