Missouri has not criminalized open containers of alcohol in vehicles on state roads. The result has surprised some safety experts. Instead of an increase in highway motor vehicle fatalities, Missouri’s roads have become safer. They have become safer than other states. Federal dollars earmarked for road construction have been forced to be re-allocated toward highway safety projects in Missouri. The federal government attaches strings to its spending measures. Missouri has not complied. Missouri’s gamble has paid off. The current penalty ... Read More »
Tag Archives: DUI Defense Firm
DUI Case Certain To Be Heard By Kansas Supreme Court
In Kansas, the penalty for a DUI conviction depends largely on how many prior DUI convictions the defendant has. For instance, the penalty for a first DUI requires 48 hours in custody and a $750 fine while the penalty for a fourth DUI requires 72 hours in custody and a $2,500 fine. Judges in DUI cases order a criminal history report that includes a list of all prior convictions. To determine whether the prior out-of-state DUI conviction can be used ... 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 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 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 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 »
Forced Catheterization: Medically Acceptable and Reasonable?
Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »
Will .05% Become the New National Legal Limit?
On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%. On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation. The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve. This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »
What Actually Happens In Your Body When You Get “Drunk”?
Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »