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Tag Archives: DUI defense

Can You Be Arrested for “Aiding and Abetting” a Drunk Driver?

Is it possible to be an accomplice to drunk driving – that is, to be convicted of “aiding and abetting” a person who was driving under the influence of alcohol? In one case in Maine, two men were drinking together in a bar.  When they left, the owner of the car had his friend drive since the friend was less intoxicated.  The two were stopped by the police, and the owner/passenger was taken to a police station — where he refused to take a breath test because ... Read More »

How to Choose the Right Attorney for Your DUI Case.

Many attorneys who practice criminal law also take DUI cases. These “Jacks Of All Trades” may or may not have the knowledge needed to help you in your DUI case. Choosing an attorney who focuses his or her practice on DUI defense may have a significant effect on the outcome of your case. Some states recognize Board Certification in the area of DUI and others do not. It is important that you take the time to interview multiple attorneys before ... 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 »

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 »

Clearing DUI Records in Mississippi

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »

Colorado Senate Passes 5ng Bill

Recently in this blog, we’ve reported on the efforts Colorado lawmakers have made to establish a THC-blood limit for drivers in the Rocky Mountain State. At the end of April, a Senate committee rejected a bill proposing these changes to Colorado DUI law, however the measure quickly regained momentum. On Tuesday, May 7, the Senate voted 24-11 in favor of House Bill 1325, which states that motorists who have 5 nanograms of active THC in their blood are too stoned to drive ... 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 »

NHTSA Fights Back Against Succesful DUI Attorneys

DUI defense is undoubtedly a specialized and increasingly complex area of legal practice.  And with the pervasiveness of social media, such as this blog, DUI defense attorneys are expanding and refining their defense strategies and techniques.  But the National Highway Traffic Safety Administration (NHTSA) is apparently not pleased with the resulting effectiveness of DUI defense attorneys. NHTSA recently published a report entitled Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases.  The ... Read More »

Strip Searches for a DUI Arrest? – Update

As a result of inquiries made regarding my earlier post discussing proposed legislation about allowing strip searches for DUI arrests and other misdemeanors in Tennessee, I am updating the information to better explain distinctions between legal decisions made in the federal court system and those made in the Tennessee court system.  These distinctions apply whether or not the case involves the issue of driving under the influence (DUI or DWI), but this post will address the issue as it relates ... Read More »

Mississippi Senate Bill 2183: Ending Beer Discrimination or Enabling Abuse?

With the ratification of the 21st Amendment in 1933, prohibition came to an end.  The federal government, as well as the several states, exercising their new-found authority to regulate the substance, began passing laws to provide for its manufacture, consumption, and possession.  And amid the deluge of subsequent legislation, the federal legislature was kind enough to allow for in-home production of wine; but they apparently forgot about beer.  In fact, it was not until 1979 that the home brewing of ... Read More »