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Tag Archives: breath test

Florida switches from Frye to Daubert

Beginning July 1, 2013 Florida law changed.  Florida had been using the Frye standard; however, we have now switched to what is known as the Daubert standard.  The Daubert standard comes from the Supreme Court’s 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The old standard, Frye, focused on the underlying scientific principles looking to see if they are sufficiently established and have gained general acceptance in their field.  Florida’s new law is found in section 90.702 which was ... 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 »

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 »

MAINE PROM & GRADUATION SEASON 2013

It is that time of year again.  It has taken forever, but it is spring!  Hopefully summer will be here before the Fourth of July.  And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies.  If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »

Massachusetts & Bad Breath: A Conundrum

A question often asked of jurors during jury selection is any variation of the following: “do any of you feel it is against the law to have something to drink and then get behind the wheel?  Slogans broadcast across many states, including Massachusetts, would lead you to believe it is in fact illegal to have a drink and drive: Buzzed Driving is Drunk Driving You Booze, You Cruise, You Lose Bad Breath is a Crime in Massachusetts However, defense attorneys ... Read More »