Wednesday , September 18 2019
Home / Tag Archives: DWI

Tag Archives: DWI

Does Marijuana Usage Impair One’s Ability to Drive?

Substantiating British research from many years ago, a car crash study reported on May 20, 2019 in the online version of the journal Addiction, found no statistically significant relationship between drivers testing positive for Δ-9-tetrahydrocannabinol (THC) or other drugs and those who did not in contributing to a motor vehicle collisions. The study was based on 3005 injured drivers and police reports on 2318.  In particular, the findings found no statistically significant relationship between testing positive for THC and the risk ... Read More »

Unconscious Consent

Our right to be free of unreasonable searches and seizures just moved a step closer to extinction. The most recent U.S. Supreme court case to carve deeper into the Bill of Rights was Mitchell v. Wisconsin. DUI laws in most states allow a person to refuse a chemical test of their breath or blood although there is typically a civil penalty (ie. potential loss of driving privileges). On June 27th the United States Supreme Court ruled that Gerard Mitchell’s blood ... Read More »

Do Police Have to Get a Search Warrant to Obtain the Blood of an Unconscious Driver?

Have you ever wondered whether a police officer needs to request a search warrant when attempting to obtain a blood sample from an unconscious suspected drunk driver?  The United States Supreme Court recently answered that question.  The Court agreed that there is no question that our Fourth Amendment constitutional right against unreasonable searches and seizures applies when blood is taken from the body of a person suspected of driving under the influence (DUI, DWI, or OUI). However, the Court was ... Read More »

“End Drunk Driving Act” And Others Introduced In Congress

As reported by Patch.com, on May 30, 2019, Long Island, NY Congresswoman Kathleen Rice introduced a package of three bills that would combat impaired and distracted driving.  The End Drunk Driving Act will require that within 10 years, all new cars sold in the U.S. come equipped with advanced DWI-prevention technology.  According to the Garden City Democrat, “… nearly 15,000 were killed in 2018 because of an impaired or distracted driver – these are deadly and tragic epidemics that have ... Read More »

Ignition Interlocks Reportedly Causing Injuries and Death

The Portsmouth, Virginia CBS affiliate television station, WAVY, has reported that ignition interlock devices may be the cause of injures and death on the roadways.  Not only are false positives a problem for those using the devices, but distractions from the alerts and blowing into the devices while driving have caused crashes. According to the news report posted May 16, 2019, the Virginia Department of Motor Vehicles indicates that the number of crashes due to the device has gone up ... Read More »

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 »

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 »

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »