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Tag Archives: driving while intoxicated

Coming Soon: Roadside Testing for THC

The national trend toward marijuana legalization results in more drivers with THC in their systems. Law enforcement agencies currently test for THC at a laboratory after a driver is arrested for DUI (called ‘OVI’ in Ohio). Law enforcement desires to use a device to test for THC before a driver is arrested, and the instruments used in crime labs are much too large to be used in the field. That creates a market for companies to manufacture roadside THC testers. ... Read More »

The Body Making its Own Alcohol can Result in a DUI

It may sound like an off-the-wall defense theory, but auto-brewery syndrome is real.  Our bodies can produce alcohol.  Alcohol (ethanol) is basically the product of fermented sugar and yeast.  We ingest yeast in various foods, and at least one kind of yeast is in the human body naturally.  Also present in the body is sugar, either through direct consumption or through the break-down of carbohydrates into glucose.  This means the body is capable of producing alcohol.  Driving with that endogenous ... Read More »

Ohio Supreme Court Clarifies ‘Marked Lanes’ Rule For DUI Cases

In DUI cases across the country, one of the most frequent reasons drivers are pulled over is for a Marked Lanes violation. Laws related to this offense vary from state-to-state. If a police officer observes a Marked Lanes violation, the officer is permitted to make a traffic stop. In Ohio, there has been confusion about what constitutes a Marked Lanes violation. That confusion was recently clarified by a case in the Ohio Supreme Court. 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 »

Unconscious Consent

Our right to be free of unreasonable searches and seizures just moved a step closer to extinction. The most recent U.S. Supreme court case to carve deeper into the Bill of Rights was Mitchell v. Wisconsin. DUI laws in most states allow a person to refuse a chemical test of their breath or blood although there is typically a civil penalty (ie. potential loss of driving privileges). On June 27th the United States Supreme Court ruled that Gerard Mitchell’s blood ... Read More »

DUI Technology—The DRUID App

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[1] in the U.S. have adopted the 0.08% ... Read More »

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[1] 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[1] 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 »