Monday , February 24 2020
Home / Tag Archives: DUI (page 5)

Tag Archives: DUI

Blood, Breath and Birchfield v. North Dakota — Why it matters

On June 23, 2016, the U.S. Supreme Court published an important decision affecting our right of privacy.  Birchfield v. North Dakota[1] was presented to the highest court in the land due to the enactment of legislation in several states that penalize DUI  suspects who refuse to submit to a chemical test with not only drivers’ license suspension or revocation, but also criminal penalties. Such laws present the accused with an impossible choice—forgo the constitutional right to be free from warrantless ... Read More »

California’s Lookback Period for DUI Offenders: What You Need to Know

Being arrested for DUI is never an easy experience. When an arrest comes after a previous DUI conviction, the stakes can be incredibly high. California takes a tough approach when it comes to multiple DUIs and imposes increasingly severe penalties upon convicted drivers. These penalties include elevated fees and expenses, mandatory terms of imprisonment, lengthier license suspension, required ignition interlock device installation, and more court-ordered alcohol classes, among others. Because a conviction for a second, third, or fourth DUI is ... Read More »

CA State Bill Would Require Ignition Interlock Devices for all DUI Offenders

Although ignition interlock devices have been used increasingly by law enforcement as a requirement for convicted DUI offenders, not every California offender is required to have them installed in their vehicles. In most cases, IIDs are used for multiple offenders or as pilot programs in only four California counties. A new bill that passed the California Senate at the end of May could make IIDs a requirement for all DUI offenders across the state. The bill – SB 1046 – ... Read More »

Tennessee Increases Jail Time for DUI Offenders with Six or More Convictions

Tennessee is again increasing penalties for multiple DUI offenders.[1] The 2016 Tennessee General Assembly amended Tennessee Code Annotated §55-10-402 to penalize more severely those who are convicted with six or more DUI convictions. This change applies to anyone committing an offense on or after July 1, 2016. As the law currently stands, a conviction for a 4th or subsequent DUI offense is a Class E Felony, which has a punishment range of 1-6 years. Accordingly, the law does not change ... Read More »

Alabama Governor Signs Law Impacting Alabama DUI Law for CDL Drivers

Yesterday afternoon Alabama Governor Robert Bentley signed into law Alabama Act 2016-152 (Senate Bill 259), which alters the affect a DUI acquittal, dismissal or nolle prose has on commercial driver license holders.  The vast majority if DUI criminal prosecutions in Alabama have a companion, civil driver license suspension case, in which the Alabama Law Enforcement Agency attempts to administratively suspend the accused’s driver license for blowing over the legal limit or refusing to take a breath alcohol test.    People ... Read More »

DUI Arrests Increase During Memorial Day Weekend – Protect Your Rights!

Memorial Day Weekend is almost upon us – and many people across Orange County and the country are gearing up for one of the first three-day weekends of the spring/summer season. Naturally, Memorial Day Weekend has become a popular time to travel, celebrate, and enjoy a few drinks. Unfortunately, it also sees a significant spike in alcohol-related arrests, accidents, and injuries. In the U.S., holiday weekends are some of the most dangerous times of year when it comes to impaired ... Read More »

Researchers Suggest Tougher Alcohol Policies Could Prevent DUI-Related Deaths Among Youth

Increased education and awareness about drunk driving have sent a clear message to U.S. drivers – impaired driving claims lives. Among the thousands of alcohol-related deaths that occur throughout the country each year, a good percentage involve underage drivers and victims who are too young to legally drink, even though there are laws in place to prevent them from easily obtaining alcohol. According to a recent study that looked at the problem of underage drunk driving from a broader perspective, ... Read More »

2016 Alabama Legislative Session Ends, Impact on Alabama DUI Law

The 2016 regular session of the Alabama Legislature has come to a close. Every year one or more bills seek to change Alabama’s DUI law.  This year was no different.  It’s time to take a look at 2016’s legislative hits and misses as it relates to Alabama DUI defense. The bill I will address in this post did not ultimately pass, but I address it first for two reasons.  One, it would have made more sweeping changes to Alabama DUI ... Read More »

Cross the Fog Line 1 Time, Expect to be Stopped

Issued on the same day (February 11, 2016) as State v. Davis, (See, Cross the Center Line 1 Time, Expect to be Stopped), the Tennessee Supreme Court decided whether crossing the fog line is sufficient reason for an officer to stop the driver and investigate further.  The facts of State v. Linzey Danielle Smith were that the Trooper observed the Defendant crossing over the fog line with the two right wheels of her car and then twice touching it with ... Read More »

Cross the Center Line 1 Time, Expect to be Stopped

In February 2016, the Tennessee Supreme Court in two separate opinions ruled that, “It is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.”  See also, Cross the Fog Line 1 Time, Expect to be Stopped. In State of Tennessee v. William Whitlow Davis, Jr., the officer turned on his blue lights and pulled the Defendant over after witnessing the Defendant cross over the double yellow center lane lines of a curvy road with ... Read More »