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The DUI Lawyer Blog Watch:

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!

  • Drunk Driving by School Bus Drivers on the Incline?

    January 27th, 2020

    Sadly, it seems that more and more often we are seeing instances of school bus drivers being arrested for driving under the influence with children in their buses (California School Bus Driver DUI on the Job, Boy on Top of Santa’s Nice List After Calling 9-1-1 on DUI School Bus Driver). According... [Link]
  • What do Greg Abbott, Croatia, the Roman Emperor Hadrian, ancient Hebrews, 6th century Greeks, Hammurabi, Elizabeth Warren, and Bernie Sanders all have in common?

    January 25th, 2020

    "Forgive us our debts, as we forgive our debtors."- Jesus Christ, The Lord's PrayerWhat do Governor Greg Abbott and the GOP-controlled Texas Legislature have in common with Croatia, Rome's openly gay emperor Hadrian, an ancient Hebrew religious celebration, 6th century Athenian Greeks, Hammurabi, as... [Link]
  • Is Utah’s Cannabis DUI Law Too Lenient?

    January 24th, 2020

    Although many states have started to legalize the use of recreational cannabis, some still continue to oppose. We have previously covered the difficulties of how to effectively and accurately measure or even quantify impairment with THC levels (see Marijuana Breath Detector). And yet, there are many... [Link]
  • Florida Court Appears to Change the Florida Law Pertaining to Driving With a Suspended License as a Habitual Traffic Offender

    January 24th, 2020

    In Florida, driving with a suspended or revoked license is not a particularly serious charge, as a first time charge, but it can lead to more serious charges and more serious penalties. A driving with a suspended or revoked license (DWLS) charge can also quickly snowball into a situation where a per... [Link]
  • Can Colorado Keep Up?

    January 22nd, 2020

    Questions regarding Colorado’s ability to keep up with the flow of DUI blood tests have come to light since the state’s major policy change that could potentially jeopardize cases. As of July 1, 2019, rather than sending out their blood tests to private labs, the Colorado Bureau of Investigation... [Link]
  • More Domestic Violence Stories: and What Those Accused of DV Can Learn

    January 21st, 2020

    Some of life’s most important lessons can be gained within the stories of others—including how to view issues like domestic violence. Now that we’ve closed the door on the 2010s, we’re spotlighting some of the decade’s most notable stories of domestic violence to see what truths we can gle... [Link]
  • Biggest Domestic Violence Stories of the 2010s

    January 21st, 2020

    Domestic violence is, unfortunately, one of the most common crimes of our time. DV claims more than 30,000 lives worldwide each year, most of them women. Here in the U.S., DV arrests range in the hundreds of thousands each year, and that doesn’t account for the many other incidents that never get... [Link]
  • New Jersey Court Reverses DWI Conviction Due to Admission of Hearsay Evidence

    January 20th, 2020

    In many instances in which a defendant is charged with a DWI offense, the key disputed issue is whether the defendant actually operated a vehicle while intoxicated. Thus, in many cases, the prosecution will seek to introduce circumstantial evidence that suggests the defendant was driving prior to hi... [Link]
  • Breathalyzers in Michigan Called into Question Amid Suspicions of Fraud

    January 20th, 2020

    We’ve been saying it for years: breathalyzers are inaccurate for a multitude of reasons. Recall just a few months ago The New York Times confirmed exactly this stating that after interviewing “more than 100 attorneys, scientists, executives and police officers and [reviewing] ten of thousands of... [Link]
  • Misnaming tests can preclude a conviction says Fairfax criminal lawyer

    January 20th, 2020

    Marijuana field tests and DUI breathalyzer equipment should preclude allowing the field testing and breath testing results into evidence at trial. As a Fairfax criminal lawyer, I have in many DWI trials objected to breath testing results when the breath technician has mistakenly referred to the sol... [Link]
  • 12 Million Americans Drove While High in 2018, 21 Million Drove Drunk

    January 16th, 2020

    According to a study conducted by the U.S. Centers for Disease Control and Prevention and data derived from the Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health (NSDUH), 12 million drivers over the age of 16 admitted to driving stoned in 2018. In t... [Link]
  • Collisions with DWI- Virginia DUI lawyer weighs in on penalties

    January 13th, 2020

    Collisions can result from drunk driving. As a Virginia DUI lawyer, I know that many trial judges in my home county of Fairfax and beyond in the commonwealth will sentence DWI more harshly when believing that the convicted DUI is causally connected to any collision in the incident. Moreover, Virgini... [Link]
  • Court Discusses What Constitutes a Violation of a New Jersey DWI Defendant’s Right to a Speedy Trial

    January 10th, 2020

    A person charged with a DWI has the right to a prompt resolution of his or her case. Thus, if the State unjustly delays prosecution of a case, it may result in a dismissal. A DWI defendant seeking dismissal of his or her charges due to a delay must prove certain criteria, however. In a […]... [Link]
  • The Costs of a California DUI

    January 8th, 2020

    Often the new year brings with it the need to re-assess finances, including money that might be stashed away for an unexpected “rainy day,” and I thought it might be worth discussing the unexpected expense of a California DUI arrest. For some, the prospect of jail isn’t as scary as the costs t... [Link]
  • Court Discusses Necessity Defense in New Jersey DWI Cases

    January 6th, 2020

    When a person is charged with a DWI crime, it does not necessarily mean that he or she will be convicted. To the contrary, in some cases, the State’s evidence will be insufficient, or the State will be precluded from introducing evidence against the defendant, due to the manner in which it was obt... [Link]
  • Horizontal gaze nystagmus should be inadmissible says Fairfax DUI lawyer

    January 6th, 2020

    Horizontal gaze nystagmus ("HGN") is one of the three so-called DUI standardized field sobriety tests ("SFSTs") approved by the National Highway Transportation Safety Administration ("NHTSA") of the United States Transportation Department. The HGN test is of no more use to DUI investigations than to... [Link]
  • New York Times: Ignition Interlock Dangers

    December 27th, 2019

    Following a recent article on the problems with evidentiary breath test devices, the New York Times has published an article about the dangers of having a ignition interlock device in a car. Specifically, the article discusses the car wrecks that have been caused by “rolling tests” that require... [Link]
  • New Jersey Court Discusses Standard for Granting a Petition to Withdraw an Uncounseled Guilty Plea in a DWI Case

    December 27th, 2019

    Multiple DWI convictions can result in severe consequences, including the loss of a driver’s license. Thus, it is prudent for anyone charged with DWI to consult an attorney to discuss which defenses may be available to help avoid a conviction or reduce any penalties. This was demonstrated in a rec... [Link]
  • Field sobriety refusal is not conciousness of guilt says Fairfax DUI lawyer

    December 26th, 2019

    Field sobriety testing refusal is not consciousness of guilt, says Fairfax DUI lawyer Field sobriety tests (“FSTs“) are routinely requested by police investigating DWI suspects. As a Fairfax DUI lawyer, I know that even the most sober person can perform poorly on such FSTs as... The post Field s... [Link]
  • Boy on Top of Santa’s Nice List after Calling 9-1-1 on DUI School Bus Driver

    December 21st, 2019

    Santa had better put 10-year-old Troy Luna at the top of the Nice List this Christmas season. Luna, of Diablo Grande, a neighborhood in Stanislaus County, California, called 9-1-1 earlier this week to report his bus driver’s driving. Luna was one of between 40 and 50 students ranging from kinderga... [Link]
  • Legal Consequences of Domestic Violence in California

    December 20th, 2019

    The State of California takes domestic violence charges very seriously, and legislators have crafted a broad set of laws to protect potential victims. However, if you’ve recently been accused, arrested or charged with domestic violence, your thoughts probably won’t be on the technicalities of th... [Link]
  • New Jersey Court Discusses Evidentiary Determinations in DWI Cases

    December 19th, 2019

    Under New Jersey law, DWI defendants are not required to offer any evidence in their defense. Instead, the burden is on the State to prove, beyond a reasonable doubt, that a defendant committed each element of the charged offense. In some cases, however, it may be beneficial for a defendant to intro... [Link]
  • New Jersey Court Discusses What Constitutes Operation of a Vehicle in DWI Cases

    December 16th, 2019

    While most DWI charges arise out of traffic stops effectuated due to a traffic violation, under New Jersey law, a person may be charged with a DWI even if they are not actually observed driving a vehicle. Instead, the State must prove that a defendant charged with a DWI was operating a vehicle at th... [Link]
  • What Happens After My Case is Filed in Court?

    December 16th, 2019

    Perhaps you or a loved one have endured an arrest and a long wait to see if a case would be filed against you. Then, you receive a notice to appear in court. You may be wondering: What happens now? How long will this take? What can I expect from this process? First, resolving your […]... [Link]
  • Texas should raze last, large youth prisons in light of high sex-victimization rates

    December 16th, 2019

    The Bureau of Justice Statistics came out with a new report last week declaring that one in seven youth prison inmates in Texas are sexually assaulted while in state custody, see the Texas Observer's coverage. This confirms based on data what legislators have already heard via anecdote: Texas juveni... [Link]