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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!

  • Motion to Suppress Evidence in a California DUI

    August 13th, 2020

    From a prosecutor’s perspective, presenting a successful DUI case is a bit like putting together a puzzle. The prosecutor must bring together different “pieces” of evidence – breath or blood test results, the driver’s performance during field sobriety tests, and statements made by the driv... [Link]
  • Accuracy of Virginia breath testing questioned by Fairfax DUI lawyer

    August 12th, 2020

    Accuracy of breathalyzer testing is far from what the Virginia Department of Forensic Science claims, says Fairfax DWI lawyer Accuracy of breathalyzer testing is what I always am ready to attack as a Virginia DUI lawyer. Today’s blog entry is all the more important, to... The post Accuracy of Virg... [Link]
  • State Can Charge a Person With a Traffic Infraction Causing Death in Florida But Only if Proper Procedure is Followed

    August 7th, 2020

    Florida law distinguishes between traffic violations that are civil and can only result in a fine or possible driver’s license suspension and traffic violations that are criminal and can result in charges and even prison time. Sometimes, there is overlap. For instance, if a person gets a DUI, the... [Link]
  • California Driver Charged with Murder after DUI-Involved Street Racing Death

    August 7th, 2020

    Back in 2012, Louie Robert Villa, of Santa Ana pleaded guilty to a California DUI. When Villa was sentenced on the DUI he was told by the judge, “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, i... [Link]
  • New Jersey Court Discusses Prosecution of DWI Cases by Municipalities

    August 6th, 2020

    In New Jersey, prosecutors are appointed by local governing bodies. Thus, if a person is charged with a DWI offense, an attorney appointed by the municipality will typically be tasked with presenting the State’s evidence against the defendant. Even if another attorney represents the State in crimi... [Link]
  • Vital information sought by your Fairfax DUI lawyer

    August 3rd, 2020

    Vital information needs to be obtained by a criminal defense lawyer to sufficiently defend his or her client. As a Fairfax DUI lawyer / Virginia criminal lawyer, I know that my clients are a very important source of that information, in addition to my obtaining a discovery order, investigating the c... [Link]
  • “Expunging” a California DUI

    August 1st, 2020

    When a person is convicted of a DUI, they face at a minimum of three years of probation, fines and fees of several thousand dollars, and a DUI class. Beyond that, depending on the severity of the DUI, a person can also face jail, rehab, a Mothers Against Drunk Driving Victim Impact Panel, a Hospital... [Link]
  • Surprising Links between Prescription Medications and Domestic Violence

    July 31st, 2020

    For many years, psychologists, healthcare professionals, and researchers alike have been exploring the underlying causes and factors of domestic violence. To that end, the connection between domestic violence and substance abuse has been well-documented. Repeated studies typically report that betwee... [Link]
  • State Permitted to Subpoena Defendant’s Medical Records in Florida DUI case

    July 30th, 2020

    In most DUI (driving under the influence of alcohol or drugs) cases in Florida, the police officers will conduct their routine (and highly subjective) DUI investigations after a traffic stop, which includes a request for field sobriety tests at the scene and then a request for a breathalyzer test at... [Link]
  • New Jersey Court Explains Knowing Waiver of Miranda Rights

    July 29th, 2020

    In some instances in which a DWI accident is especially catastrophic and there was more than one person in the car at the time of the incident, it may not be clear who was driving. Thus, the State will likely have to determine who was driving and then who should be charged criminally based on […]... [Link]
  • VA DWI comes to review in high state court says Fairfax DUI lawyer

    July 26th, 2020

    VA DWI law is not pretty even though acquittals can be achieved. As a Fairfax DUI lawyer, I know that 0.08 is a ridiculously low per se threshold for mandating a conviction. I also know that driving under the influence without a blood alcohol reading has a watered down definition in Virginia DUI a... [Link]
  • Coaching as part of my work as a Fairfax criminal lawyer

    July 25th, 2020

    Coaching has perhaps become an overused phrase by those offering that category of professional services. As a Fairfax criminal lawyer, I view lawyer counseling not as Chris Farley's cracking us up as the man in the van down by the river. Instead, I know that my clients need counseling and good prepa... [Link]
  • Remaining Silent During a California DUI Stop

    July 23rd, 2020

    After having a few drinks with friends following work, a driver heads home. While on their way, they don’t make a full stop at a stop sign and are pulled over law enforcement. After telling the driver why they were pulled over, the officer begins asking questions. “Where are you going? Where are... [Link]
  • Court Discusses the State’s Burden in Proving Refusal to Submit to a Breath Test

    July 21st, 2020

    Under New Jersey’s implied consent law, drivers are deemed to consent to submit to breath tests if they are stopped for suspicion of DWI. As such, if a driver declines to submit to a breath test, the driver can be charged with refusal to submit to a chemical test, which may result in suspension or... [Link]
  • Court Upholds New Jersey DWI Conviction Arising Out of a Community-Caretaking Stop

    July 14th, 2020

    Generally, a police officer may not lawfully stop a vehicle unless the officer reasonably believes or suspects that the driver of the vehicle committed a traffic violation or a crime. Additionally, if an officer violates a driver’s rights by stopping the driver without just cause, the State may be... [Link]
  • Saliva Test for THC Level Detection in Development

    July 8th, 2020

    In recent years, cannabis and its derivatives having been gaining traction in the United States. Cannabis has become a serious competitor to alcohol’s long-lived reign as Americans’ recreational drug of choice. This competition primarily stems from several progressive cities and states’ decisi... [Link]
  • MA lab has revealed that Alcotest may have glitches in readings? What happens next?

    July 8th, 2020

    The Office of Alcohol Testing (OAT) has now been involved in a scandal for several years for its inadequate testing and withholding of breathalyzer certifications relating to the Alcotest 9510 device. The Alcotest 9510 has been under scrutiny since 2017 when Draeger Safety Diagnostics, the manufactu... [Link]
  • New Jersey Court Discusses Right to a Speedy Trial in DWI Cases

    July 7th, 2020

    Under both the New Jersey and Federal Constitutions, defendants charged with DWI have numerous rights, including the right to a prompt resolution of the charges against them. Thus, if the State violates a defendant’s right to a speedy trial, the defendant may be able to argue for the dismissal of... [Link]
  • Bar reopenings mean DUI-vigilant police, says Fairfax criminal lawyer

    July 3rd, 2020

    Bar and restaurant reopenings mean more drinking and driving arrests, says Fairfax DUI defense lawyer Bar and restaurant closings and all other Covid-19 business reductions have crippled too many people’s lives and livelihoods, and the economy. As a Fairfax criminal and DUI lawyer, I know... The p... [Link]
  • San Antonio can't fire cops who use the N-word or feed homeless people feces: Accountability systems in Texas civil-service cities broken

    July 3rd, 2020

    In San Antonio, recently, a fired police officer was reinstated by an arbitrator after repeatedly using the N-word to address a black suspect while handcuffing him. The head of the police union said it was no more offensive than the mayor publicly using the word, "goddamn." I suspect that's a minori... [Link]
  • GA Supreme Court Extends DUI Liability to Third Parties

    July 1st, 2020

    If you have read this blog in the past, you might be familiar with what are known as “dram shop” laws. For those who are not familiar, dram shop laws allow the victims of drunk drivers to civilly sue the establishment that served the drunk driver with alcohol prior to the victim’s injury. Alth... [Link]
  • A primer for new, local police-reform advocates in Texas

    July 1st, 2020

    “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” - Margaret MeadOn the Reasonably Suspicious podcast this week, the Austin Justice Coalition's Chas Moore and I talked about the recent wave of Black Lives Matt... [Link]
  • Keeping the criminal defense eyes on the prize of victory

    June 27th, 2020

    Keeping focus on victory helps make the naysayers, hecklers and vicious folks disappear from sight and sound. One day a rather new Fairfax, Virginia prosecutor motioned me into the courtroom antechamber while we awaited our DUI trial to be called, so I thought he was either about to make a better p... [Link]
  • New PA Bill to Protect Medical Marijuana Users from Arbitrary DUIs

    June 26th, 2020

    Pennsylvania, which has legalized medical marijuana, has introduced a bill that would exempt medical marijuana users from the state’s arbitrary per se marijuana DUI law. Although Pennsylvania legalized medical marijuana in 2016, with dispensaries opening up in the state in 2018, laws still remain... [Link]
  • New Jersey Court Upholds DWI Conviction Despite Lack of Blood Alcohol Concentration Evidence

    June 26th, 2020

    In most instances in New Jersey, when a person is charged with DWI, the State will base the charges on the results of a chemical test showing the person’s blood alcohol concentration (BAC). A BAC is not required to charge a person with DWI or to obtain a conviction, however, and if a DWI suspect [... [Link]