Tag Archives: DWI

Hawaiian legislators are again considering lowering Hawaii’s “legal” blood alcohol concentration (BAC) limit from 0.08% to 0.05% according to KITV, Channel 4 in Honolulu.  According to a news report, State Sen. Angus McKelvey has introduced such a bill.  Utah is the only other state in the nation with such a low per se alcohol level. Hawaii Alcohol Policy Alliance Director Rick Collins said about 30% of car crashes in Hawaii involve alcohol. But does that mean that drivers with alcohol levels ... Read More »

On November 1, 2022, the JAMA Network Journals of the American Medical Association published an article suggesting that an estimated 20.3% of deaths among adults aged 20 to 49 years were attributable to excessive alcohol use and that greater implementation of evidence-based alcohol policies could reduce this proportion.  During the 2015-2019 study period, the average deaths of adults aged 20 to 64 years was lower–only 12.9%, but still a number that is far too high if the study’s conclusions are ... Read More »

Missouri has not criminalized open containers of alcohol in vehicles on state roads. The result has surprised some safety experts. Instead of an increase in highway motor vehicle fatalities, Missouri’s roads have become safer. They have become safer than other states. Federal dollars earmarked for road construction have been forced to be re-allocated toward highway safety projects in Missouri. The federal government attaches strings to its spending measures. Missouri has not complied. Missouri’s gamble has paid off. The current penalty ... Read More »

When we consider the impact of a DUI (called ‘OVI in Ohio), we typically think of the sentence imposed by the court.  The sentence for a first-offense OVI in Ohio includes a mandatory jail term of three days to 180 days, a mandatory license suspension for one year to three years, and a mandatory fine of $375 to $1,075.  In addition to those mandatory aspects of the sentence in court, there are secondary consequences for an OVI conviction.  One of ... Read More »

Picture a woman standing in her garage beside her car.  The engine is not running, but the car is ‘on’ with the radio playing.  Police arrive at her residence, enter the garage, and give her field sobriety tests.  The officers determine she is under the influence of alcohol, arrest her, and charge her with DUI (called ‘OVI’ in Ohio).  Can she be convicted of OVI? Read More »

In Missouri driving while intoxicated (DWI) cases, police officers are required to follow certain standards. Standards are in place in an attempt to bring some degree of scientific certainty to testing procedures. Breath testing machines have been subject to weak oversight regarding testing standards. The result can be wrongful convictions. The Missouri Code of State Regulations (19 CSR 25-30) specifies the standards that should be followed when testing the accuracy of breath testing devices. If the standards are not followed, ... Read More »

Tennesseans may recall that  Governor Lee signed an executive order during the COVID-19 pandemic allowing restaurants to sell alcoholic beverages for take-out.  Apparently, this order was so popular that the Tennessee legislature extended the law to allow “To-Go” purchases of alcohol to continue. However, the extension of the “To-Go” law is only for two years. The bill summary for Tennessee House Bill 0241 states, “Generally under present law, the holder of a license to sell alcoholic beverages for on-premises consumption ... Read More »

Sherry Tidwell was backing out of a parking space at a convenience store, and there happened to be a police officer in the parking lot.  A man in the doorway of the store yelled to the officer, “Hey, you need to stop that vehicle.  That lady is drunk.”  The officer watched as Tidwell backed slowly out of the parking space and then drove slowly toward the road.  The officer noticed that Tidwell had a blank stare, and the officer was ... Read More »

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 »

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 »