The following is an RSS-driven aggregation of the 50 most recent blog posts by lawyers blogging issues related to DUI law (read more about the process...). If you know of a lawyer blogging on DUI law that we haven't covered in the blogroll on the right side of the page, please send a note to Steve Matthews or Lawrence Koplow and we will get them added to the mix!
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Can I Possess a Gun in Massachusetts After an OUI Conviction?
July 21st, 2017
The answer to this question is that of the answer to most legal questions, it depends. An OUI can be a misdemeanor or a felony, depending on multiple factors. Was this your first OUI or your fourth? Was anyone injured? Were there any aggravating circumstances, such as drug possession, at the time... [Link] -
What is a Motion to Revoke?
July 21st, 2017
If you were convicted of a crime in Texas or pled guilty to charges against you, it’s possible that a judge will grant you “community supervision.” This term is synonymous with the legal status commonly known as being on probation.…Read more ›... [Link] -
Miranda Warnings and the California DUI
July 20th, 2017
An officer pulls over a person and begins asking questions. “Where are you going?” “Where are you coming from?” “Have you had anything to drink?” The driver says, “I’m going home from the bar and I had two beers.” Boom. The next thing that the driver knows is that they’re getting... [Link] -
How Long Does it Take to Get a Criminal Record Expunged in MA?
July 20th, 2017
Expungement is the process of sealing a criminal record. For example, let’s say you got an OUI five years ago. That offense may come back to bite you when you apply for a job or housing. If, however, you have the OUI conviction expunged, the offense won’t show up in an employment or housing back... [Link] -
DWI in New Jersey School Zones
July 19th, 2017
While all instances of driving while intoxicated (DWI) are taken seriously in New Jersey, certain factors can make a DWI offense worse. One of these factors is driving in a school zone under the influence of alcohol. If you or someone close to you has been arrested for a DWI in a school zone, it [... [Link] -
Cannabis: How Much Is Too Much? More Questions Than Answers In Detecting DUI Levels
July 19th, 2017
Recent studies commissioned by the AAA Foundation for Traffic Safety found that fatal crashes involving drivers who recently used marijuana doubled in Washington State after it legalized usage of the drug. This fact makes it clear that states need good ways to get drivers under the influence of mari... [Link] -
False Positives And Other Outlandish DUI Arrests
July 19th, 2017
Have you heard the one about the driver who was arrested for DUI because he had a caffeine high? Or about the state legislator who successfully argued that cough syrup and a breath spray caused a false positive DUI breathalyzer reading? While law enforcement officers and courts generally accept brea... [Link] -
Beware ever committing hit and run/ leaving the scene of a car collision
July 16th, 2017
The temptations to hit and run/ leave the scene of a car collision can be many, including hitting a parked car when no witnesses seem to be present, not wanting to be discovered having committed possible DWI, driving without a valid and license, being in a hurry to arrive at one's destination, not h... [Link] -
Commercial Driver DWIs in New Jersey
July 12th, 2017
New Jersey has always had tough laws for those who get behind the wheel under the influence of alcohol. For commercial drivers, the stakes can be even higher. If you are a commercial driver or know a commercial driver who has been arrested for driving while intoxicated (DWI), you need to reach out t... [Link] -
Perverse incentives created by police overtime for court appearances
July 12th, 2017
The Texas Court of Criminal Appeals last month issued an opinion in Ex Parte Mark Bowman, with a dissent from Judge Elsa Alcala, that caught Grits' eye - not because of the issues being decided in the case but thanks to the underlying fact pattern evinced in the discussion.At issue was a 2004 DWI in... [Link] -
The Operation of a Motor Vehicle Requirement for a DUI
July 11th, 2017
sleeping drivers in properly parked vehicles could not have had any intention to drive under those circumstances. Furthermore, as a court stated, merely being awake in the driver seat of a vehicle with the engine on does not require finding of an intent to drive or it would constitute a separate fac... [Link] -
Winning Your Kentucky DUI Case
July 11th, 2017
So what do you need to win a DUI case? Believing in your innocence, hiring an experienced DUI defense attorney, and having a good written defense plan and following it. ... [Link] -
What Not to Do if You Get Stopped for OUI in Massachusetts
July 10th, 2017
When a police officer stops your vehicle on suspicion of OUI, he or she will likely initiate a series of tests to determine if the suspicion is accurate. The officer will observe your eyes, your speech, and your overall demeanor. He or she will ask questions, such as have you had anything to drink.... [Link] -
Willful Concealment: New Hampshire Shoplifting Laws
July 9th, 2017
Busted for Shoplifting in New Hampshire?Taking someone else's property or money without their permission is theft; if the property is allegedly taken from a store it is commonly known as "shoplifting". Under New Hampshire's theft law, shoplifting is called “willful concealment”. N.H. RSA 637... [Link] -
Charged with a Misdemeanor in MA, but Live Out of State?
July 7th, 2017
A misdemeanor is a minor criminal offense, but it’s a criminal offense nonetheless. As such, a misdemeanor conviction may result in hefty fines, jail time, and a criminal record. Facing a misdemeanor charge can be scary, especially when it originates somewhere other than your home state. If you we... [Link] -
Bill to Help Veterans Avoid a California DUI
July 6th, 2017
A new California Senate bill would allow veterans to avoid a California DUI conviction with a treatment diversion program. Senate Bill 725 would expand a current military diversion program. The bill, if passed, would provide veterans with the opportunity to receive treatment for issues stemming from... [Link] -
DWI Trials in New Jersey
July 5th, 2017
Being charged with driving while intoxicated (DWI) can be extremely stressful, and rightfully so. DWI charges can have far-reaching negative consequences for an individual’s life, including that individual’s personal and professional reputation. If you or someone close to you has been charged wi... [Link] -
Common Sense Always Prevails to Avoid Getting Charged with OUI in Massachusetts this Summer
July 5th, 2017
Summer is time for relaxation and fun. If you take that fun too far, however, it can result in a number of less-than-fun consequences, including charges for criminal offenses such as OUI, disorderly conduct, or assault. You may even find yourself behind bars. Follow the tips below to have fun, and a... [Link] -
Life Gets Tougher After A DUI: Here Are Some Ways To Cope
July 5th, 2017
Dealing with the aftereffects of a DUI is never easy. It’s especially difficult, however, when you’re living on the economic edge: if you’re a single mom who’s working two jobs and struggling to make ends meet, a student working your way through school or a veteran or retiree living on a fix... [Link] -
You risk much to speak with police and to consent to searches
July 4th, 2017
The Fourth of July brings remembrance of war and independence and more; festivities; and police trolling to make arrests for DWI and other alleged crimes, like bear feasting on salmon swimming upstream. You risk much to speak with police and to consent to searches. The post You risk much to speak w... [Link] -
Avoid a 4th of July DUI
June 30th, 2017
The 4th of July is the annual celebration of the day that the original thirteen colonies declared independence from Great Britain. On this day in 1776, delegates from the colonies formed the Continental Congress which drafted and adopted the Declaration of Independence and announced that the United... [Link] -
Is a New .05% Law Coming to Your State?
June 27th, 2017
On January 15th of last year, the National Highway Traffic Safety Board (NHTSA) issued the following news release: Feds Want to Lower the Legal Limit to One Drink Washington, DC. Jan. 15 – The National Transportation Safety Board wants to decrease the legal driving limit to one drink, lowering the... [Link] -
Can I Refuse a Breathalyzer Test in MA?
June 27th, 2017
Yes. But that doesn’t mean you want to refuse. On the other hand, it also doesn’t mean you should submit to the test. This conflicting advice may leave you feeling a bit confused, but with good reason; there’s no one-size-fits-all approach to the decision to refuse (or submit to) a breathalyze... [Link] -
Don’t let July 4th Fireworks Cloud Your Judgement
June 27th, 2017
We are all proud to be Americans and want to celebrate the July 4th holiday. But as you celebrate, be aware that the police will be watching you as leave the firework show. If your Independence Day plans include alcohol,…Read more ›... [Link] -
Vehicular Homicide and Drunk Driving in New Jersey
June 27th, 2017
Just last week, a former New Jersey police officer was convicted of drunk driving and causing a wrong-way accident that ended up killing a fellow officer as well as another friend. The cop is now facing up to 25 years in prison, the maximum for his crimes. Prosecutors say that at the time of the [... [Link]
