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Tag Archives: DUI lawyer

New Report: Field Sobriety Testing and THC Levels Not Correlated With Marijuana Intoxication

Every state has a law which prohibits driving under the influence of marijuana.  To enforce those laws, governments use roadside field sobriety tests to detect marijuana intoxication and laboratory tests to measure THC levels in blood and urine.  The use of these tests is premised on the belief that performance on field sobriety tests and THC levels are correlated with marijuana intoxication.  A recent study conducted for the United States Department of Justice shows that belief is wrong. Read More »

New Book Helps Drivers Charged With DUI in Ohio

Most people don’t research DUI because they don’t think it will happen to them.  Until it does.  When a person is charged with DUI, they suddenly find themselves in need of accurate information.  They need to know what consequences they are facing, the potential defenses, and whether they can avoid a DUI conviction.  They also need to know what to expect when they go to court and how to find a good DUI lawyer.  A new book, the Ohio DUI/OVI ... Read More »

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 »

Florida Legalizes Medical Cannabis Edibles

On August 27, 2020, Florida legalized edible medical marijuana. This significant law broadens the THC options available to qualified patients as well as provides alternatives to smoking medical marijuana, which was legalized in 2019. THC is the psychoactive compound in cannabis (marijuana) that provides treatment benefits for patients suffering from certain medical conditions. It comes in various forms, including edibles, which are cannabis-infused foods and beverages. Florida’s new edible medical marijuana law includes the following rules: No primary or bright colors in ... Read More »

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 »

Hangover Free Alcohol on the Horizon

Alcohol that makes you feel drunk without a hangover may be available within five years. Today’s generation has become more health conscious than generations before, causing a decline in alcohol sales in many countries. Therefore, the market for a healthier alcohol alternative is on the rise. This market interest in a healthier alcohol alternative has caught the attention of Scientist David Nutt. Nutt is a professor from England, famous for his research on how psychedelics affect the brain.  His latest ... Read More »

Drunk Without Drinking?

A man in Maine was arrested and charged in August of 2016 with operating under the influence after police found him with a blood alcohol level nearly four times over the legal limit. There was just one catch: he said that he hadn’t touched a drop of alcohol in months. While this seems far-fetched, there is a medical explanation for being intoxicated without actually drinking alcohol. This medical explanation, called auto brewery syndrome, actually does affect a rare, small group ... Read More »

Tennessee DUI Laws Could Get A Lot Tougher

The Tennessee Senate Judiciary Committee has now approved legislation known as Dustin Ledford’s Law.  This would increase penalties for all multiple offenses of driving under the influence (DUI) offenders to Class E felonies with a minimum sentence of 11 months, and 29 days. Under current law, persons convicted of a second DUI offense must be sentenced to no less than 45 consecutive days nor more than 11 months 29 days; third offenses result in a sentence of no less than ... Read More »