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Tag Archives: driving while intoxicated

Paying Police to Arrest You! A growing trend in Virginia.

You decide to go it alone – skip hiring a DWI defense attorney – and you get convicted of a DWI.  You pay a $250 fine that becomes almost $500 with court costs.  You pay a $300 entry fee for the Alcohol Safety and Action Program and even more for treatment and classes.  You pay $600 to $800 for ignition interlock so that you can begin to drive again.  You pay a DMV reinstatement fee.                 You file for FR44 ... Read More »

The Science of Fear & Field Sobriety Tests

Read the Article here! The Science of Fear & Field Sobriety Tests: Fear is not just mental. It is physical and involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application of these nonscientific tests. This is because these are tests without any proper scientific consideration to fear. Here is the article I wrote, very relevant for anyone arrested ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

Using Medical Marihuana While On Bond for DUI

If you are charged with virtually any alcohol and drug related driving offenses you will be entitled to bond.[i] This includes the most serious intoxicated driving offenses such as those involving death or serious injury. This does not mean that the Michigan court cannot keep close tabs on you while you are on bond.  The court can impose many different conditions on your bond, such as periodically reporting to a monitoring agency, not using alcohol, participate in therapy or AA, ... 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 »

Can the Alco-Sensor be Used Against You in Virginia?

If you are pulled over and the officer suspects drunk driving, you will be offered a preliminary breath test – sometimes called an Alco-Sensor.  I have watched many videos where officers tell my clients that the results of the Alco-Sensor “cannot be used in court” and “cannot hurt them.”  But is this true? It is true that the preliminary breath test cannot be used against them to prove DWI or “baby DWI” (under 21 with a blood alcohol level of ... Read More »

Alcohol Inhalation: the Truth behind the Lies

Editor’s note:  Steve Oberman and the other lawyers at Oberman & Rice not only defend those accused of driving under the influence and related crimes, we are sincerely concerned about our clients.  As a service to those who feel the need to become inebriated by any means, and in our continuing efforts to educate the public about responsible consumption of alcohol and other intoxicants, we are publishing the following guest commentary authored by Matthew R. Lish, who, at the time ... Read More »

State laboratory to suspend blood-alcohol and blood-drug testing

In a press release issued today, the Colorado Department of Public Health and Environment has announced that it will suspend itself from blood-alcohol and blood-drug testing due to systemic failures and staff incompetence. DENVER – Effective July 3, the Colorado Department of Public Health and Environment will suspend blood-alcohol and blood-drug testing performed at its toxicology laboratory until further notice. During this suspension, the state toxicology lab will complete the work on samples currently in the testing process. Unprocessed specimens will ... Read More »

Virginia’s New Policy for Restoration of Rights after Felony DUI

You can’t count on a lot in life – but one thing you can – DWI penalties always get tougher in Virginia.  So, it’s noteworthy when Virginia decides to give people convicted of a DUI a break.  This break comes from the Governor instead of from the General Assembly. If you were convicted of a felony DUI, it will be easier to get your rights restored to vote, hold office, and serve on a jury.  Additionally, this initial restoration is ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »