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Tag Archives: DUI

Tennessee Trying to Increase BUI Penalties

On March 15, 2021, Tennessee Senate Bill 0246 was unanimously passed.  If the accompanying House Bill passes as well, as it appears it will, the penalties for Boating Under the Influence of an intoxicant (BUI) will be more closely aligned with the Tennessee penalties for Driving Under the Influence of an intoxicant (DUI). Furthermore, this new law clarifies that the offenses of Vehicular Assault, Aggravated Vehicular Assault, Vehicular Homicide, and Aggravated Vehicular Homicide may be committed by a person boating ... 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 »

Some DUI Cases Dismissed Due To COVID-19

A TV news investigation by CBS4 in Denver, Colorado has revealed that some DUI criminal cases as well as some potential drivers license suspension hearings have been dismissed because police have refused to provide suspects with a breath test. Some officers are reluctant to administer breath tests because of their concern for their own safety. Unlike some other states (such as Tennessee), Colorado law allows a DUI suspect to be given the choice of a breath test or blood test ... 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 »

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 Scam reported by FBI

According to WATE-TV in Knoxville, the Knoxville, TN FBI field office is reporting a “new twist on an old scam.”  Scammers are scaring victims by telling them their child was arrested for Driving Under the Influence of an Intoxicant (DUI)  after a serious crash. The scammers pose as the child and attorney to demand bail in cash due to COVID-19.  The FBI recommends attempting to reach their child to confirm their safety. There are a lot of things that don’t ... Read More »

Covid and a DUI Lawyer

In March I, with the other members of the public, began hearing of a possible virus coming around. Covid 19 or Corona virus, both meaning the virus that presumably “escaped” from Wuhan, China was invading our country. Flights started getting banned, people started getting quarantined, and then suddenly, every-day items like bathroom tissue, paper towels and bottled water flew off the store shelves and became scarce.  Bars and restaurants were ordered by the government to shut down. Well, the obvious ... Read More »

Boating Under the Influence (BUI)

Were you aware that a conviction for Boating Under the Influence (BUI) may result in the loss of your driver’s license on land?  It can—in some states, just like Driving Under the Influence (DUI). According to Fox News,  in 2020, thirteen states have laws that revoke a person’s driver’s license if they are convicted of Boating Under the Influence.  The United States Coast Guard maintains a chart indicating whether a BUI conviction impacts and offenders automobile driving privileges in their ... Read More »

Proposed Law Requires Technology Aimed at Eliminating Impaired Driving

On October 16, 2019 U.S. Senators Rick Scott (R. FL) and Tom Udall (D. UT) have jointly proposed legislation known as the Reduce Impaired Driving for Everyone Act of 2019 or the RIDE Act of 2019.  According to Senator Scott’s website, the proposed law will “fund the technology transfer of federally funded research and development of advanced alcohol detection software – technology that detects whether a driver is impaired over the legal limit and, if so, prevents that driver from ... Read More »