DUI Lawyer Blog Watch header image 1

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!

  • Suspected Drunk Driver Causes Highway Closure

    March 27th, 2020

    On March 26, 2020, deputies from the Los Angeles County Sheriff’s Department chased a suspected DUI driver from the City of Carson to South Los Angeles until the driver was driving on shredded tires and crashed.  The pursuit lasted for over an hour and the driver continued to drive even after th... [Link]
  • What Happens If I Violate the Shelter-in-Place Order

    March 27th, 2020

    by Kyle Therrian My soliloquy. We are living in an unprecedented moment in US history. As this global pandemic spreads and threatens our lives and livelihoods, some of our leaders have risen and met the challenge. As a result, many of us are now the subject of “stay-at-home” or “shelter-in-pla... [Link]
  • Suspect Runs into Novato Police Officer’s Patrol Car

    March 26th, 2020

    On Monday evening, March 23, 2020, a City of Novato Police Officer attempted to stop a driver for making an unsafe lane change.  However, the driver did not pull over and in fact turned around on a dead-end street and attempted to run from the officer and ended up running his BMW into the officer... [Link]
  • Oakland Man Dies in Suspected DUI crash in Contra Costa County

    March 26th, 2020

    On March 23, 2020, a man from Oakland California died after a car that he was a passenger in crashed into a parked work truck.  The driver of the vehicle was arrested for Drunk Driving.  The crash happened on Clayton Road near Duncan Drive.  The driver, a 26 year old woman from Pittsburg, Califo... [Link]
  • Medical Marijuana vs. Probation

    March 23rd, 2020

    With the legal use of medical marijuana on the rise, many states are being faced with the issue of what to do with their probationers who are medical marijuana card holders. While unclear how often petitions are granted, California allows anyone on probation or in jail to petition a judge for lawful... [Link]
  • New Jersey Court Discusses Evidence Needed to Convict a Defendant of a Drug-Related DWI

    March 20th, 2020

    Although many people think of DWI arrests as arising out of the operation of a vehicle while intoxicated due to the consumption of alcohol, a person can be charged with a DWI for driving or operating a vehicle while under the influence of other substances that impairs his or her ability to drive saf... [Link]
  • Is Utah Going Too Far?

    March 19th, 2020

    We have kept an eye out on Utah ever since they first began talking about lowering the legal BAC level to 0.05% and when they, if fact, enacted the lower BAC limit in 2019. We had hoped that the restrictions would end there, not just with Utah, but across the country, all the while watching […] Th... [Link]
  • Community Support Groups During Quarantine

    March 19th, 2020

    For people who use AA/NA or other community support groups to help in their recovery, this is a difficult time. Groups of more than 10 people are banned in most places, and some communities are under shelter orders requiring everyone to stay home. So, attending meetings in person is not an option fo... [Link]
  • Kansas State Courts Shut Down Due to COVID-19

    March 19th, 2020

    Below is the press release from the Kansas Supreme Court suspending all state court operations, other than essential and emergency hearings due to the coronavirus. So, DUI cases filed in Johnson County District Court, and all of the other counties in Kansas have been continued. State courts on emerg... [Link]
  • New Jersey Court Clarifies Operation for Purposes of DWI Statute

    March 16th, 2020

    An issue commonly disputed in New Jersey DWI cases is whether the State has sufficient evidence to establish that the defendant was operating a vehicle while intoxicated. Due to several recent unpublished opinions set forth by the Appellate Division of the Superior Court of New Jersey, the court set... [Link]
  • Restricted driving soon available for refusal says Virginia DUI lawyer

    March 14th, 2020

    Restricted license availability for refusal removes prosecutorial bargaining chip in DUI cases, says Virginia DUI lawyer Restricted licenses currently are not available for Virginia convictions for refusing to submit to breath or blood testing for measuring blood alcohol content (BAC) after being ar... [Link]
  • Court Discusses Grounds for Recusal in New Jersey DWI Cases

    March 6th, 2020

    One of the tenets of criminal law is that a defendant has the right to a fair and impartial trial. Thus, if a DWI defendant believes that a judge is unduly prejudiced or biased against the defendant, he or she can file a motion for recusal. Recusal is only granted in limited circumstances, however,... [Link]
  • DUI Blood Withdrawals and the Emergence of E-Warrants

    March 5th, 2020

    In 2013, the United State Supreme Court in Missouri v. McNeely held that a blood withdrawal was, in fact, a search which is protected under 4th Amendment of the Constitution. And since it is a search of the thing that we hold to be most private, the court held, officers must first obtain a warrant [... [Link]
  • Marijuana Smell and the 4th Amendment

    March 2nd, 2020

    The expansion of legalized marijuana use and the changing marijuana laws are wreaking havoc on what law enforcement consider probable cause and the justification for certain searches. The Fourth Amendment of the United States Constitution states that “The right of the people to be secure in their... [Link]
  • Law Requiring Impound of Drunk Drivers’ Vehicles Struck Down

    February 28th, 2020

    At least some courts are getting it right. Late last year, the Washington State Supreme Court struck down 2011 state legislation that required the mandatory impound of vehicles when their owners were arrested on suspicion of driving under the influence, otherwise known as “Hailey’s Law.” Back... [Link]
  • Beating a DUI by suppressing the stop- Fairfax criminal lawyer weighs in

    February 26th, 2020

    Beating a DWI prosecution can stem from such approaches as convincing the judge that the traffic stop or arrest did not pass Fourth Amendment Constitutional muster, and convincing the factfinder(s) that the prosecutor has failed to prove guilt beyond a reasonable doubt. One of my most recent trial v... [Link]
  • Medical Marijuana Creates Complications for Employers

    February 25th, 2020

    The legalization of marijuana in several states over the past few years has done little to create a standardized method of calculating and determining impairment. Although researchers are able to collect more information regarding marijuana use and impairment, they are still far from finding that ma... [Link]
  • Court Discusses Operation of Vehicles in New Jersey DWI Cases

    February 24th, 2020

    One of the key elements of a New Jersey DWI charge is the operation of a vehicle. If the State is unable to prove this element, a person charged with DWI should not be convicted. The Superior Court of New Jersey, Appellate Division, recently re-affirmed, however, that operation is not limited to act... [Link]
  • How the #MeToo Movement Is Reshaping Our Culture

    February 24th, 2020

    In 2006, a sexual abuse survivor named Tarana Burke launched a grassroots movement to help give other survivors a voice and a sense of community, as well as to raise awareness to prevent future incidents of sexual violence. To create a sense of solidarity, she aptly named her initiative the “Me To... [Link]
  • Changes to Indiana’s Expungement Laws

    February 21st, 2020

    Back in May of last year, Indiana House Bill 1541 was passed – marking a huge milestone for state legislation. Starting July 1, 2019, those who wished to file for expungement were given a better opportunity to work towards having a true second chance at life. In Indiana, individuals with dismissed... [Link]
  • Court Discusses Procedural Requirements for Seeking Post-Conviction Relief in New Jersey DWI Cases

    February 18th, 2020

    In many instances, even if a person is convicted of DWI, he or she may be able to obtain post-conviction relief. While there are substantive requirements a person must meet to obtain a reversal of a DWI conviction, there are procedural requirements as well. This was discussed in a recent case in whi... [Link]
  • New Jersey Court Discusses Reasonable Suspicion in DWI Cases

    February 10th, 2020

    When some people are stopped by the police due to suspicion of DWI, they may be tempted to avoid exiting their vehicles, under the mistaken belief that they can avoid a DWI charge by refusing to submit to field sobriety testing. However, as demonstrated in a recent case ruled on by the Superior Cour... [Link]
  • Discovery rules must be expanded says Fairfax DUI lawyer

    February 8th, 2020

    Discovery rules tell prosecutors what information (and when) they must provide defendants -- through their lawyers -- prior to trial. As a Fairfax DUI lawyer, I know that the Virginia discovery rules remain too narrow.  In Virginia district court, the defense is only entitled to receive discovery i... [Link]
  • DUI for CBD?

    February 8th, 2020

    We have covered the continued issues with measuring THC in the body, more specifically, determining whether someone is impaired based on a given THC reading. In addition to not being able to find the benchmark for impairment from using marijuana, it seems like some of the machines used to measure th... [Link]
  • Can the Police in Florida Get Blood to Test for Alcohol in a DUI Case Where the Driver is Unconscious?

    February 7th, 2020

    In Florida, most DUI cases involve some alleged traffic violation followed by a DUI investigation and an arrest.  If the police officer thinks the driver is impaired from drugs or alcohol, and usually the officer makes that decision early and quickly, that officer is going to make the arrest. Every... [Link]