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Tag Archives: driving under the influence

Boating Under the Influence (BUI)

Were you aware that a conviction for Boating Under the Influence (BUI) may result in the loss of your driver’s license on land?  It can—in some states, just like Driving Under the Influence (DUI). According to Fox News,  in 2020, thirteen states have laws that revoke a person’s driver’s license if they are convicted of Boating Under the Influence.  The United States Coast Guard maintains a chart indicating whether a BUI conviction impacts and offenders automobile driving privileges in their ... Read More »

Tennessee Joins Interstate Driver License Compact

As of July 1, 2020, Tennessee joins 42 other states in the Interstate Driver License Compact. According to the National Center for Interstate Compacts,  The Driver License Compact is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they [the offenders] are licensed—known as the home state. Its theme is “One Driver, One License, One Record.” The home state would treat ... Read More »

Are There Drive-Thru Bars During The Corona-Virus Pandemic?

Apparently drive-through bars are for real and being used more frequently during this pandemic!  For instance, Johnny’s Bar and Casino became the first drive-through bar in Great Falls, Montana. Fortunately, the business already had a drive through window through which it was previously selling food. However, once receiving approval from the State of Montana, Johnny’s Bar and Casino began selling growlers, bar drinks, and beer through the window complete with drive-through bartenders. One may learn more about this drive-through bar ... Read More »

Recent DWI Trends in Missouri- Alcohol and Drug Impairment

According to recently released statistics from the Missouri State Highway Patrol (MSHP), Missouri roads were safer this New Year’s holiday compared to last year. There were zero deaths on the road this year and no injuries. There were 11 deaths were recorded last year. Driving While Intoxicated (DWI) arrests by Highway Patrol troopers were markedly lower than last year. Troopers made 56 arrests for DWI in 2020. Last year, troopers made 130 arrests. Sgt. Jeff Kinder of the MSHP credits ... Read More »

“End Drunk Driving Act” And Others Introduced In Congress

As reported by Patch.com, on May 30, 2019, Long Island, NY Congresswoman Kathleen Rice introduced a package of three bills that would combat impaired and distracted driving.  The End Drunk Driving Act will require that within 10 years, all new cars sold in the U.S. come equipped with advanced DWI-prevention technology.  According to the Garden City Democrat, “… nearly 15,000 were killed in 2018 because of an impaired or distracted driver – these are deadly and tragic epidemics that have ... Read More »

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »

TENTATIVE AGREEMENT REGARDING BREATH TEST ADMISSIBILITY IN MASSACHUSETTS

Massachusetts defense attorneys and prosecutors have reached a tentative agreement, pending approval and modification by the court, regarding sanctions imposed against the government for refusing to disclose court-ordered evidence during state-wide litigation challenging the reliability of the Dräger 9510 breath test machines. Under a previous court order, breath tests results were presumptively excluded from evidence at trial if the machine had last been calibrated between June 1, 2011 and September 14, 2014. As a result of government misconduct, however, where ... Read More »

MASSACHUSETTS PROSECUTORS AND DEFENSE BAR CONTINUE BREATH TEST NEGOTIATIONS

District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine. We expect that all ... Read More »

Drugged Driving Now More Dangerous than Alcohol

The crime of Driving Under the Influence (DUI, DWI, OWI, etc.) may be committed by driving while impaired due to any intoxicant or combination of intoxicants.  These include, among other intoxicants, alcohol, prescribed medication or illegal drugs.   A 2016 study by the Governors Highway Safety Association (“GHSA”) shows a trend in fatal drug related crashes surpassing deadly accidents involving alcohol. Experts say this trend derives from states legalizing marijuana combined with the current opioid epidemic in America. According to ... Read More »

MASSACHUSETTS SUPREME JUDICIAL COURT CLARIFIES PENALTIES FOR DRIVING ON LICENSE SUSPENDED FOR BREATH TEST FAILURE OR REFUSAL

In Commonwealth v. Nascimento, SJC-12442 (June 5, 2018) the Massachusetts Supreme Judicial Court recently corrected a long-standing practice of the lower courts sentencing drivers operating on a license suspended for administrative reasons related to OUI (such as breath test failure or refusal) to the same mandatory jail time required for someone operating on a license suspended for an OUI conviction. The statute mandates a minimum sixty-day sentence for anyone convicted of operating on a license that has been suspended on ... Read More »