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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New Jersey Court Discusses Legality of Blood Draws in DWI Cases
May 24th, 2020
In many instances, the police will seek blood draw from a person suspected of DWI. The police must obtain a person’s consent or a warrant prior to obtaining a blood draw, however, and if the police fail to comply with the proper procedures for obtaining a blood sample, the results of any test on t... [Link] -
Pushbutton cars v keys- Fairfax DUI lawyer on criminal defense difference
May 24th, 2020
Pushbutton cars should fall outside Virginia's caselaw permitting a DUI conviction for sitting parked behind the wheel with the key in the ignition in the off position. As a Fairfax criminal lawyer / Virginia DUI attorney, I know that Virginia DWI law bars both driving and attempting to drive under... [Link] -
The Historical Development of Today’s DUI Laws
May 22nd, 2020
Ask any U.S. citizen today if they know that it is against the law to operate a motor vehicle under the influence of drugs or alcohol. Of course, most would answer, “yes” immediately. However, this has not always been the case. Not long ago, states enacted the first wave of DUI laws, which would... [Link] -
DUI and the Loss of Corey La Barrie
May 20th, 2020
On Saturday, May 9, rising YouTube star Corie La Barrie posted a short video announcing he would be live-streaming his 25th birthday party on Twitch the following day. “We might get a little bit drunk,” he whispered behind his hand. The video was cheekily titled, “Deleting this Video in 24 hou... [Link] -
New Jersey Court Discusses Accuracy of Breath Tests in DWI Cases
May 19th, 2020
Many New Jersey DWI charges arise out of breath tests that indicate a blood alcohol concentration over the legal limit. Thus, if a defendant charged with DWI can prove that a breath test was inaccurate, he or she may be able to obtain a dismissal of his or her DWI charges. A defendant seeking to [... [Link] -
Is Drowsy Driving as Dangerous as Impaired Driving?
May 11th, 2020
Drowsy driving is a term used to describe driving while sleepy or fatigued. Drowsy driving usually happens when a driver has not slept enough. However, in some cases, drowsy driving can be the result of a sleep disorder, medications, or being overworked. Drowsy driving is a significant problem — t... [Link] -
New Jersey Court Discusses Prior Out of State DWI Convictions for Sentencing Purposes
May 10th, 2020
Under New Jersey law, a person convicted of a second or subsequent DWI may be subject to additional penalties. Further, a defendant may face additional penalties if he or she was previously convicted of a DWI or a similar offense in a state other than New Jersey. Recently, a New Jersey appellate cou... [Link] -
Resetting Virginia court during Covid- Info from Fairfax criminal lawyer
May 9th, 2020
Resetting court dates has been happening since March 2020, due to Virginia Supreme Court's Covid-19-related judicial emergency orders. As a Fairfax criminal lawyer, I know that the most recent and fourth state Supreme Court judicial emergency order (issued May 6) continues jury trials but lets each... [Link] -
Unfair Police Practices in Tennessee DUI Cases
May 7th, 2020
The police have an unfair advantage in prosecuting most Tennessee DUI cases. The main reason is the police control the narrative during the investigation. A citizen does not question the police during the DUI investigation. Here are just some examples. The police control the information in the arres... [Link] -
Nashville, Tn. Police Department Will Not Have Body Cams
May 7th, 2020
The Nashville Tennessean reported yesterday that Metro Nashville Police Department will not be getting funding for body cams. This news is shocking. Why ? Metro Nashville Police Department has for years resisted a department wide implementation of body cams. Police s have for years hid behind th... [Link] -
Can you expunge your Tennessee DUI conviction ?
May 7th, 2020
During the cornavirus, people are stuck at home and surfing the internet. Our office has had several inquiries from our website asking this question. Can I have my Tennessee DUI conviction expunged from my record ? The quick answer is no. A Tennessee DUI conviction can never be expunged currently. [Link] -
Reforms Needed for Davidson County Grand Jury
May 7th, 2020
The Tennessean has recently published two articles on some questionable practices of the Davidson County. TN. grand jury. A grand jury’s main role is to determine if probable cause exists in order to return an indictment. The concerns were raised by the grand jurors themselves in their final rep... [Link] -
Tiger Woods Charged with Driving Under Presciption Drugs
May 7th, 2020
I waited a few days before commenting on Tiger Woods recent arrest for driving under the influence of prescription drugs. The police recently released photos of the car and a audio tape from the arrest. I predict this trend of arrests while driving under the influence of prescription drugs will incr... [Link] -
Commercial Driver’s Licenses and DUI
May 6th, 2020
DUI convictions can have severe consequences for anybody, but for drivers with a commercial driver’s license, a DUI can also result in the loss of his or her livelihood. Commercial drivers operate large, cumbersome, and oftentimes dangerous vehicles and payloads. For this reason, the federal gover... [Link] -
New Jersey Court Discusses Lawful Basis to Initiate Traffic Stops in DWI Cases
May 4th, 2020
Most DWI arrests in New Jersey arise out of a traffic stop. While some traffic stops that result in DWI arrests arise from erratic driving or suspicion of DWI, many traffic stops that ultimately result in a DWI arrest were instituted for reasons that have nothing to do with a belief the driver is in... [Link] -
The Strange Ways to be Charged with a DUI
May 1st, 2020
Undoubtedly, the primary purpose of DUI laws is to keep the public safe from intoxicated or otherwise impaired individuals from driving their motor vehicles on roads. When most of us envision a DUI stop take place, we envision someone getting pulled over in a sedan, or an SUV, or perhaps a minivan. [Link] -
Austin PD refuses to save overdosed addicts, nuther case overturned because of lying Houston PD narc, COVID spurs discussion of 'new normal' on who to jail, and other stories
May 1st, 2020
Here are a few odds and ends that deserve Grits readers' attention:Austin PD to overdosed addicts: Just dieAustin has seen a spike in drug overdoses, with five overdose deaths in just two weeks in April, reported KXAN. But Chief Brian Manley returned a donation of Narcan worth a quarter of a mill... [Link] -
Sobriety in the Passenger Seat? Permitted Drivers and Intoxicated Supervisors
April 29th, 2020
It might be hard for parents to imagine they can be charged with a crime if they let their fifteen-year-old with a driver’s permit drive home after a dinner where they had one too many glasses of wine. Some might even argue that it is safer for the teenager to drive than it would be […] The post... [Link] -
New Jersey Court Discusses Reasonable Suspicion in DWI Cases
April 26th, 2020
Under New Jersey law, prior to conducting field sobriety tests on a person, the police must have reasonable suspicion that the person is intoxicated. Odtherwise, the results of the field sobriety tests may be inadmissible. There is no single fact that constitutes sufficient grounds to reasonable sus... [Link] -
Police Misconduct in DUI Cases
April 24th, 2020
Cops, like all employees, can be good, bad, or somewhere in the middle. However, it would be difficult to argue that there are many employment positions out there that require the same degree of care, competency and honesty as law enforcement. Sometimes an arresting officer is just a good person who... [Link] -
COVID-19, Quarantine and Domestic Violence: Additional Thoughts
April 23rd, 2020
Quite often, domestic violence is framed either in the sterile context of criminology and statistics or in the raw context of our own emotions. The reality lies somewhere between these extremes. If we look past the crime itself, past the numbers, and past our own offense, we can see that domestic vi... [Link] -
DUI Defenses: Fighting for your Rights
April 22nd, 2020
Facing a DUI charge can be a life-changing, stressful, and especially confusing experience. Fortunately, with a good defense strategy, your defense attorney might be able to persuade the prosecution to drop or reduce the charges, keep your driver’s license, or even win at trial. A DUI charge does... [Link] -
Ignition Interlock Devices and Unlawful DUI Stops
April 21st, 2020
Consider this: It is a nice spring Thursday evening and you decide to meet friends for dinner. After visiting for a few hours, you decide it is time to drive home. On your way, you happen to go slightly over the speed limit and a police officer pulls you over. Upon his arrival to your […] The post... [Link] -
New Jersey Court Discusses Mitigating Factors in DWI Sentencing
April 20th, 2020
In some cases in which a defendant is charged with DWI, the State has compelling evidence, and it is prudent for the defendant to enter into a plea agreement to reduce the possibility of the imposition of a significant penalty. Thus, a defendant may plead guilty in exchange for a reduced sentence. O... [Link] -
Marin County – Alleged Drunk Driver Crashes Two Cars Into House
April 17th, 2020
The California Highway Patrol arrested an “extremely impaired” driver on Wednesday, April 15, 2020, in unincorporated Marin County near San Rafael after the Marin County Sheriff’s Office and CHP responded to a call of concerning a driver drove his Mustang through a fence and into a residence. [Link]
