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Tag Archives: DUI

Save Time at the Tennessee DMV

First-time driver license and ID applicants; new resident applicants; and REAL ID applicants can now upload some identifying documents online before going to get their drivers licenses and other similar services in order to save time at the Tennessee Department of Safety and Homeland Security’s Driver Services Center. The link for these services may be found here. These applicants should allow five business days for their documents to be reviewed. The approved uploaded documents must still be presented at a ... Read More »

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 »

Are Takeout Cocktails Here to Stay?

One of the positive changes brought about by the pandemic occurred when many state and local government allowed customers to take pre-mixed cocktails outdoors in expanded dining areas.  According to Yahoo! news, 33 states and the District of Columbia pass emergency orders allowing outdoor drinking. Quoting the Wall Street Journal, Yahoo! news reports that Washington, D.C., “Wisconsin, Kentucky, Ohio, and Iowa have already made such allowances permanent, while other states extended permission into next year.” Those opposed to permitting outdoor ... 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 »

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 »