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Tag Archives: dui lawyers

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 »

Is There a DUI Double Standard for Women?

In my previous post, “Are Women More Likely To Be Convicted of DUI?”, I discussed how today’s drunk driving laws and evidence tends to discriminate against women — specifically, I cited a scientific study showing how the lower levels of the enzyme dehydrogenase that breaks down alcohol are lower in women.  However, this is just one example of the problem. In another study, scientists found that women have lower “partition ratios” of blood to breath.  All breath machines in DUI ... Read More »

Are Women More Likely to be Convicted of DUI?

Arrest and conviction in a drunk driving case depends largely upon the breathalyzer or blood alcohol tests conducted on the suspect. If the test results are found to be .08% or higher, a conviction follows.  No distinction is made, of course, as to whether that suspect in the DUI case is a man or a woman. But what if it takes less alcohol for women to reach .08% blood alcohol than it does for men? Researchers at the University School of ... Read More »

Diabetes and DUI

Contrary to popular belief, police officers have no inherent skill and little training in detecting levels of intoxication. In fact, they are psychologically predisposed in a drunk driving investigation to “see” what they expect to see, disregarding any alternative explanations. Let’s take a look at one of those possibilities…..As everyone knows, diabetics commonly experience hypoglycemia (low blood sugar levels). And what are the symptoms? Slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation — in ... Read More »

Do Breathalyzers Measure Alcohol?

Breathalyzers don’t actually measure alcohol. That’s right.  What they actually detect and measure is any chemical compound that contains the methyl group in its molecular structure.  There are thousands of such compounds — including quite a few which can be found on the human breath. And this machine that determines a person’s guilt or innocence in a DUI case will “see” all of those chemicals as alcohol — and report a falsely high blood-alcohol concentration (BAC). Most breath machines used ... 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 »

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 »