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Tag Archives: driving while intoxicated

New Felony DWI law in Virginia: from 0 to 365 days on July 1, 2013!

Third and subsequent DWIs became felonies in Virginia in 1999.  Since that time, Virginia has had a 10 year lookback period for using previous DUIs to enhance punishments.  Currently, Virginia Code § 18.2-270 has the following DWIs and minimum mandatory punishments: 3 DWIs committed within a 10 year period   90 days 3 DWIs committed within a 5 year period     6 months 4 (or more) DWIs within a 10 year period      1 year These portions of the law remain the same. ... Read More »

Follow the money: Florida shortens yellow light time at intersections with red light cameras

A local Florida station reports that Florida changed its rules to allow shorter yellow light times at intersections.  The result:  millions of dollars in additional revenues in red light camera fines.  Did Florida cities and counties inform their citizens that “the times were a’changing?”  Of course not!  Why?  Millions of dollars from red light camera fines! As it turns out, the Florida Department of Transportation reduced the yellow light time below federal recommendations.  Why?  Research apparently indicated that if you ... Read More »

The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.” An oft repeated refrain goes something like this: “It’s called the implied consent law and everyone signs the form when they get their driver’s license.”  One article goes on to state ... Read More »

Bill to create marijuana BAC equivalent fails in Colorado Senate

As we’ve been reporting on this blog for some time, a proposed bill has been circulating in the Colorado legislature that aimed to establish a legal limit on the nanograms of THC per 100 milliliters of blood that state drivers could register in blood tests given by law enforcement officials.  The bill, formally known as House Bill 13-1114, would have made 5 nanograms of THC per 100 milliliters marijuana’s equivalent of the 0.08 blood alcohol content limit for drivers who are ... Read More »

Strip Searched for a DUI Arrest?

According to Tennessee House Bill 275, which was introduced this year (2013), strip searches would be allowed regardless of the crime for which one is arrested.  This necessarily incorporates the crime of Driving Under the Influence.  Tennessee Code Annotated § 40-7-119 currently states, “(a) As used in this section, “strip search” means having an arrested person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts ... Read More »

Colorado Marijuana Laws Causing Legal Issues for Driver’s in Other States

On this blog, we’ve discussed a number of recent developments as they relate to marijuana and DUI law in Colorado, covering the ongoing legislative debate and reviewing how past research is shaping the implementation of future laws. However, the legal uncertainty surrounding legal marijuana in the Rocky Mountain State is now having an impact on those who come to the state for its many tourist attractions, reports say. According to a recent article published by USA Today, out-of-state drivers are ... Read More »

Virginia DWI/DUI News: You don’t need to be driving to be convicted in Virginia. What constitutes operation?

We commonly call the offense we defend “driving under the influence” or “driving while intoxicated.”  But in Virginia, you don’t need to be driving to be convicted.  Virginia criminalizes “operating” while impaired also: “It shall be unlawful for any person to drive or operate any motor vehicle . . . .” Va. Code 18.2-266. But what constitutes operation?  If you start to feel the effects of alcohol can you pull to the side of the road and sleep it off?  ... Read More »