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Tag Archives: board certified DUI defense attorney

DUI by Prescription Drugs

During your next visit to your doctor, she prescribes a muscle relaxer, or a “nerve pill” or cough syrup (your choice). You stop by the pharmacy and take the prescribed amount while there because you need immediate relief. On the way home, you are stopped at a red light when you are rear-ended. Once the police arrive, you are ultimately arrested—even though you did nothing wrong! Can this be legal? Unfortunately, it occurs far too frequently. Most people are unaware ... Read More »

Tennessee Repeals New Underage DWI Law

July 1, 2016 was a highly anticipated day for many in Tennessee: for the very first time, wine was available for purchase in grocery stores. Gliding in under the radar, perhaps because of all the hype surrounding the grocery store wine revolution, were many other changes to Tennessee’s alcohol-related criminal laws. One such legislative update changed the way that Tennessee handled a small and categorically difficult class of individuals: underage DUI defendants. These are people ages 18 to 20, who ... Read More »

An Alcohol Monitoring…Tattoo?

As DUI defense practitioners are well aware, a transdermal monitoring device such as a “SCRAM” device (a Secure Continuous Remote Alcohol Monitoring Device) is a prevalent but sometimes onerous tool in the bond condition, plea bargaining and sentencing processes. A client may be ordered to wear a SCRAM device ankle bracelet prior to trial, during probation, or as part of a compromised resolution of the case. The transdermal monitoring device continuously monitors a person’s blood alcohol level through skin contact ... Read More »

Tennessee Increases Jail Time for DUI Offenders with Six or More Convictions

Tennessee is again increasing penalties for multiple DUI offenders.[1] The 2016 Tennessee General Assembly amended Tennessee Code Annotated §55-10-402 to penalize more severely those who are convicted with six or more DUI convictions. This change applies to anyone committing an offense on or after July 1, 2016. As the law currently stands, a conviction for a 4th or subsequent DUI offense is a Class E Felony, which has a punishment range of 1-6 years. Accordingly, the law does not change ... Read More »

Alabama Governor Signs Law Impacting Alabama DUI Law for CDL Drivers

Yesterday afternoon Alabama Governor Robert Bentley signed into law Alabama Act 2016-152 (Senate Bill 259), which alters the affect a DUI acquittal, dismissal or nolle prose has on commercial driver license holders.  The vast majority if DUI criminal prosecutions in Alabama have a companion, civil driver license suspension case, in which the Alabama Law Enforcement Agency attempts to administratively suspend the accused’s driver license for blowing over the legal limit or refusing to take a breath alcohol test.    People ... Read More »

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 »

ARE YOU REQUIRED TO ROLL DOWN YOUR WINDOW AT A DUI ROADBLOCK / CHECKPOINT?

There has been quite a bit of buzz lately about a video illustrating a Florida attorney’s creative advice on handling DUI roadblocks / checkpoints. The video suggests you hang your ID and other documentation outside of your rolled up car window in a zip-lock bag along with a note stating “I remain silent. No searches. I want my lawyer….”  In the video, this approach works like a charm, but that does not mean it is good advice for drivers to ... 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 »

The Oldest Question: Do You take a Test?

Well, it may not be the oldest question, but it may be the most important. Since the 1940’s and the onset of cheap blood alcohol testing, it is one that lawyers and defendants must initially face following a DWI arrest. Should you or shouldn’t you take the test? The answer to this, like everything else in law, is it depends. Like predicting the weather, the answer to this question turns on a variety of factors. While much of what I ... Read More »

More Problems with the Alcohol Testing Program in Florida

For years, the State of Florida Alcohol Testing Program, a division of the Florida Department of Law Enforcement has been denying that they possessed the software used in the Intoxilyzer 8000 in Florida.  When the Intoxilyzer 8000 first starting being used in Florida the software in it was version 8100.26.  Many judges throughout the State ordered FDLE to disclose the software in their possession.  In response the State allegedly sent all copies of the software back to CMI, the manufacturer ... Read More »