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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Habitual drunkard VA statute is unconstitutional says Fairfax DUI lawyer
July 21st, 2019
Habitual drunkard laws are found in the Virginia Code and in federal immigration law. As a Fairfax DUI lawyer, I am delighted that a deeply divided United States Court of Appeals for the Fourth Circuit this week invalidated Virginia's habitual drunkard law as unconstitutional. Manning, et al. v. Cal... [Link] -
DUIs Are Not Just for Alcohol
July 19th, 2019
Last month, Illinois became the 11th state to legalize marijuana and since just a few weeks ago, we reminded our readers about The Basics of a California DUI, this may be a good time to also remind our readers that a DUI is not just about alcohol. We tend to think about drunk driving only […] The... [Link] -
Secondhand Alcohol Exposure Harms Twenty Percent of Adults, Study Says
July 18th, 2019
Everyone makes mistakes, but if a police officer or a New Jersey prosecutor makes an error in your case, it should not hurt you and your future. If you have been charged with driving while intoxicated (DWI), do not underestimate the importance of having a skilled legal advocate on your side. Our dil... [Link] -
Hunches do not justify police stops says Fairfax DUI lawyer
July 17th, 2019
Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop vehicles or people to a... [Link] -
“Wet Reckless” Charge vs. DUI: What Are the Key Differences?
July 17th, 2019
If you’ve ever been arrested for DUI, or if you know someone who has, you have possibly heard the term “wet reckless” thrown around. Depending on the circumstances of the case, the prosecution may offer to allow a DUI defendant to plead guilty to “wet reckless” as a reduced charge. If you... [Link] -
FAQs About California Vehicle Code Section 23572 VC (DUI with a Minor Passenger)
July 17th, 2019
A DUI conviction in California comes with some stiff penalties, even for first-time offenders. However, if you have a minor in the car at the time of your alleged DUI, you could face enhanced penalties, including mandatory jail time. The specific law detailing these penalties is California Vehicle S... [Link] -
Videotaping does not reveal all says Virginia DUI lawyer
July 14th, 2019
Videotaping is an advance over not having videotaping of police encounters. At the same time, police filming does not reveal the entire situation. As a Virginia DUI defense lawyer, I know that effective motions hearing and trial cross examination of police is essential for criminal defense lawyers,... [Link] -
Massachusetts Fails to Process Out-Of-State Violations Including DUI
July 12th, 2019
Many of us have heard the rumors of state agencies not being able to play nice with each other or failing to share important information through a central database as a way to more efficiently catch travelling criminals. Well, here is a story of an agency having received the information, but never u... [Link] -
The Majority of Americans Don’t Think They Will Get Caught Driving High, Study Finds
July 11th, 2019
Being arrested for driving while high is not something you should take lightly. You could face a suspended license, hefty fines and maybe even jail time. If you have been charged with a DWI, it is in your best interest to retain the services of an experienced New Jersey DWI attorney. With years of e... [Link] -
Medications are not a DWI defense says Fairfax DUI lawyer
July 10th, 2019
Medications about around us, hawked on commercials, sold like candy over the counter, and prescribed at a dizzying pace. As a Fairfax DUI lawyer, I know that the crime of driving under the influence applies both to alcohol and drugs. Many Virginia DUI defendants suggest a possible defense of having... [Link] -
Defending DWI-refusal charges – Virginia DUI lawyer weighs in
July 9th, 2019
Defending in trial against allegations of DWI and refusal to submit to blood alcohol content (BAC) testing by breath or blood testing presents its own opportunities and challenges. As a Virginia DUI lawyer who has taken numerous of such cases to trial, I provide the following defensive thoughts. The... [Link] -
Gamble not with BAC testing, warns Fairfax DUI lawyer
July 5th, 2019
Gamble with slot machines, but not with what your blood alcohol test result might be after consuming alcohol. As a Fairfax DUI lawyer, I know that it takes not much beer, wine, or alcohol / liquor to yield a test result on the Intox EC / IR II breathalyzer machine of 0.8 or higher, and certainly for... [Link] -
Sobriety Checkpoints set up around the Fourth of July in New Jersey
July 4th, 2019
Driving while intoxicated (DWI) tends to spike around certain holidays and the Fourth of July is one of them. To deter drunk driving, police departments often set up checkpoints to catch intoxicated drivers. If you have been arrested for a DWI at a checkpoint, it is crucial to contact a New Jersey D... [Link] -
A Warrant is Not Required to Obtain a Urine Sample From a Suspect in a DUI Case in Florida.
July 3rd, 2019
In DUI cases, once the police arrest a person suspected of driving under the influence of alcohol or drugs, that person is taken to jail and booked. Only after the arrest and booking is that person taken to a room in the jail and asked to submit to a breathalyzer test. Some people might think […]... [Link] -
Supreme Court Rules Cops Can Withdraw Blood from an Unconscious Driver
July 1st, 2019
Yes, you read that title correctly. The United States Supreme Court just ruled that police can withdraw blood from an unconscious person suspected of driving under the influence. Six years ago, police found Gerald Mitchell on a beach in Wisconsin and suspected he was intoxicated after a neighbor rep... [Link] -
Judge abused discretion, violated due-process rights, by revoking probation w/o a hearing: Will he be sanctioned?
June 30th, 2019
A misdemeanor DWI case out of San Antonio deserves broader attention, with interesting and important implications on several levels.Wayne Christian - a Republican county-court-at-law judge in Bexar County first elected in 1996, who ran unopposed in the 2018 election - has routinely inserted himself... [Link] -
Warrants should trump exigency for blood draws- Virginia DUI lawyer
June 30th, 2019
Warrants to obtain blood for alcohol testing from DWI suspects was the default Fourth Amendment rule -- absent the driver's consent -- until June 27, 2019, when the United States Supreme Court decided 5-4 that exigent circumstances exist for a warrantless blood draw whenever a DWI suspect is unconsc... [Link] -
Driver Responsibility surcharge abolition, by the numbers
June 28th, 2019
The death of Texas' Driver Responsibility surcharge was the single, outstanding #cjreform highlight of the 86th Texas Legislature, outdistancing all other reforms in terms of impact by a country mile. Let's run through the numbers:Nearly 1.4 million drivers currently have suspended licenses based on... [Link] -
The Basics of a California DUI
June 27th, 2019
We often spend so much time talking about unique DUI-related topics, many of which discuss the complicated intricacies of DUI’s and DUI law, that we forget to go back and just remind our readers about the basics of a California DUI. Therefore, every so once in a while, I like to go back and just [... [Link] -
Woman who crashed into Pizza Restaurant in Camden County Charged with DWI
June 26th, 2019
Drunk driving charges can impact virtually every aspect of your existence. If you’ve been arrested for driving while intoxicated (DWI), you need to call a New Jersey DWI attorney immediately. While an arrest for DWI can seriously interfere with your life, a DWI conviction can be even worse. You ma... [Link] -
Talking with police opens cans of worms – Virginia DUI lawyer
June 25th, 2019
Talking with police is not required, but a slew of criminal suspects run their mouths with cops, often to their detriment. As a Virginia DUI lawyer, I have repeatedly seen the gold from criminal defendants' remaining silent with police and the feces that comes from waiving that right to remain sil... [Link] -
Alcohol consumption risks beyond mere DWI – Fairfax DUI lawyer
June 22nd, 2019
Alcohol consumption risks can include a DWI conviction numerous other consequences. As a Fairfax DUI lawyer, I advise my clients on those relevant risks and work to blunt them. Not wanting to be a killjoy, I nonetheless warn of the risks of driving a motor vehicle within twenty four hours of consumi... [Link] -
Impaired driving trial persuasion – Virginia DUI lawyer
June 21st, 2019
Impaired driving convictions risk jail and other adverse penalties. As a Virginia DUI lawyer, I know the importance of pursuing a full court press against such prosecutions. I know how important it is to move the judge and jury away from piecemeal evaluation of cases alleging impaired driving, and t... [Link] -
How a DUI Conviction Affects “Dreamers”
June 20th, 2019
In the years that President Trump has led from the Oval Office, there have been significant changes to former President Obama’s policies. One of the changes being to the Deferred Action for Childhood Arrivals program, better known by many as DACA. This program, which allowed children who were brou... [Link] -
MIT Student Home for Summer Killed by Alleged Drunk Driver in Old Bridge
June 19th, 2019
Driving while intoxicated (DWI) is a serious offense in New Jersey and it is even more problematic if someone gets hurt. If a person is injured or killed because of a drunk driver, that driver will be charged with assault by auto, which is an extremely serious criminal charge. An arrest for assault... [Link]
