Sunday , April 21 2019
Home / Tag Archives: DUI

Tag Archives: DUI

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 »

False Advertising?

A motorist was stopped on I-80 in Berkley, California for weaving on the highway on February 24, 2019, according to USA Today.  While the driver was arrested for Driving Under the Influence of an Intoxicant (DUI/DWI), California Highway Patrol Officer Baza couldn’t help but notice the irony of the large sign on top of the vehicle.  It stated, “I should probably get a ride home” (with the word “probably” crossed out) and “Buzzed driving is drunk driving.” Interestingly, the National ... Read More »

DUI Arrests to Increase in 2019

It is no secret. DUI arrests have decreased across the country by at least 30% during the last two to three years. It is no coincidence that the U.S. Supreme Court decision of Birchfield v. North Dakota (2016) was decided about the same time as DUI arrests began their decrease. You can read more about how Birchfield affects DUI search warrants here. Police officers have confidentially complained that since the Birchfield decision, it takes too long to legally obtain blood ... Read More »

Thousands Of Breath Tests Are Ruled Inadmissible

According to an August 16, 2018 Salem News article, prosecutors across Massachusetts have agreed to stop using the results of the breath test from 2011 through 2017 over concerns of calibration issues. What is more disturbing is that officials attempted to hide these issues from both defense lawyers and prosecutors. Apparently a laboratory employee had not calibrated the devices, Draeger models 9510, to the proper range for margin of error. This ultimately resulted in the dismissal of more then 34,000 ... Read More »

Drugged Driving Now More Dangerous than Alcohol

The crime of Driving Under the Influence (DUI, DWI, OWI, etc.) may be committed by driving while impaired due to any intoxicant or combination of intoxicants.  These include, among other intoxicants, alcohol, prescribed medication or illegal drugs.   A 2016 study by the Governors Highway Safety Association (“GHSA”) shows a trend in fatal drug related crashes surpassing deadly accidents involving alcohol. Experts say this trend derives from states legalizing marijuana combined with the current opioid epidemic in America. According to ... Read More »

UPDATE ON THE CONTINUING CHALLENGE TO THE DRÄGER 9510 BREATH TEST MACHINE IN MASSACHUSETTS

The latest hearing regarding the Massachusetts defense bar’s challenge to the Dräger 9510 breath test machine was held by Judge Brennan in Concord on Thursday, February 15, 2018. At that hearing, both Brennan and the defense bar, represented by Joseph Bernard, expressed their dismay that discovery previously withheld by the government continued to trickle out or had even been lost “due to dysfunction at the OAT [Office of Alcohol Testing].” The government pressed Brennan for a schedule that would give ... 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 »