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!
- Latest Breathalyzer Proves No More Reliable Than Others
Monday, February 8, 2010 9:21 pm
As readers of this blog are aware, one of my pet peeves is the public’s blind trust in the little metal boxes that analyze a DUI suspect’s breath and spit out a number that supposedly represents the amount of alcohol in his blood. The simple, scientifically proven fact is that all the various models of these so-called "breathalyzers" are both ... [Link] - DALLAS NEWS: ELIMINATE DWI SURCHARGES.
Monday, February 8, 2010 9:17 pm
In 2003 the Texas Legislature, while casting about for a new source of revenue, came up with the idea to create a surcharge program for those convicted of, among other crimes, Driving While Intoxicated The law provides, essentially that a person convicted of driving while intoxicated will be required to pay a $1,000 annual surcharge for the first thrity six ... [Link] - Prosecutors Disagree with Police Officer - Dismiss DWI Case
Monday, February 8, 2010 9:15 pm
The assistant Harris County District Attorney handling client's Houston DWI disagreed with the arresting officer's evaluation of the case and dismissed the DWI. After stopping client for a traffic infraction, the Houston officer smelled alcohol and asked the client to perform field sobriety tests.At the conclusion of these field sobriety tests, officer arrested client for a Houston DWI. On the ... [Link] - Less Resets - More Coercion with the DIVERT Program
Monday, February 8, 2010 7:59 pm
It seems the new DIVERT Program is again changing without a real reason why. As of last week, the county court prosecutors learned that the DWI cases that may be DIVERT eligible must now be set up for DIVERT no later than the second setting. For the record, the first setting is generally scheduled for 1 week after the arrest. ... [Link] - Attention Drivers: You are not Required to Take DUI Field Sobriety Tests
Monday, February 8, 2010 7:11 pm
Despite common misperception…due in large part to the fact that cops don’t often share this information…neither California nor Nevada DUI field sobriety tests or “FSTs” are mandatory tests. You have the absolute right to refuse to take these tests and most DUI defense attorneys will advise you to do just that. This is because DUI field sobriety tests or “FSTs” ... [Link] - The Super Bowl is over and all you got was a DUI
Monday, February 8, 2010 5:50 pm
Seattle, Washington. The Super Bowl is the biggest NFL game of the year, and this Super Bowl was no exception. The underdogs and fan favorite Saints knocked off Peyton Manning’s powerhouse... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] [Link] - After 1,100 Tickets For Running Red Lights, Hillsborough’s Red Light Cameras Still A Hot Topic
Monday, February 8, 2010 5:01 pm
In just over a month, the red light cameras in Hillsborough County have been responsible for 1,100 citations for running red lights. Those citations have meant over $100,000 to the city’s coffers. As the money rolls in the debate continues on as to whether the cameras make Tampa’s streets safer or just make money. Cpl. Darrin Barlow told My Fox ... [Link] - Why saying the sample was run on a gas chromatograph is nearly meaningless
Monday, February 8, 2010 12:30 pm
Saying the sampling was done on a Gas Chromatograph is like saying that you won a car. Both description are useful in that they help differentiate. In the case of all vehicles, it is useful to distinguish cars from trucks or motorcycles. Whereas in the case of chemical testing, it is useful to distinguish gas chromatography from enzymatic assay testing ... [Link] - Michigan’s Million Dollar DMT DUI Debacle
Monday, February 8, 2010 1:34 am
For almost a year Michigan’s DUI lawyers have been waiting for the lastest and greatest breath test machine, the DataMaster DMT, to be rolled out in Michigan. Although Millions have been appropriated to purchase the DMT in Michigan, the new breath testing machine has still not been put into service. And Michigan’s DUI lawyers are asking “why.” This entire scenario ... [Link] - DUI Breathalyzers Found To Be Faulty
Sunday, February 7, 2010 11:43 pm
Our Chicago DUI Attorneys have long argued that the results of breathalyzers are flawed. Now, more proof that the machines should not be relied on to convict anyone. Audit : Number of inflated DUI tests has doubled JOHN C. ENSSLIN The number of flawed blood alcohol tests has doubled since a Colorado Springs Police Crime Lab internal audit last year ... [Link] - Chicago DUI Crack Down Set For Super Bowl
Sunday, February 7, 2010 11:43 pm
Our Chicago DUI Lawyers caution everyone headed out to SuperBowl parties to be responsible because, along with the NFL Championship, this weekend your Constitutional Rights are up for grabs as well. Police to enforce ‘no refusal’ law for Super Bowl DUI crackdown BLOOMINGTON — Police will be on the lookout for drivers who have had too much to drink on ... [Link] - The Big Game An American Tradition Of Alcohol Related Crime
Sunday, February 7, 2010 9:46 pm
Today is Super Bowl Sunday. The Indianapolis Colts and Peyton Manning take on Drew Brees and the New Orleans Saints. The day has become an American holiday except no one gets the day off on Monday. I'd like to propose the movement to make the day after the Super Bowl an official holiday. Everyone really enjoys themselves on Sunday and ... [Link] - Drink and Get A Ride
Sunday, February 7, 2010 9:46 pm
Houston has a lot of great qualities but public transportation wouldn't make the top ten list of good things about Houston. If you plan on going anywhere in Houston you are probably going to have to drive. It seems recently that we have had an uptick of clients who have hired us after having been arrested for DWI on Washington ... [Link] - Virginia General Assembly Passes Bill Raising Speed Limit to 70 mph
Sunday, February 7, 2010 8:35 pm
The Virginia General Assembly has passed legislation increasing the maximum speed limit for certain rural areas from 65 miles per hour to 70 miles per hour. As has previously been posted (see Dinwiddie County Reckless Driving for 11 mph over Speed Limit), the speed limit is already 70 miles per hour in certain well-known speed trap areas like Dinwiddie County ... [Link] - Experts Testify on BAC Level in Fatal DUI Trial in New Jersey
Sunday, February 7, 2010 8:15 pm
Experts believe that the man charged in a fatal DUI from 2006 may have had a BAC four times the legal limit, NJ.com is reporting. On April 20, 2006, a car hit two teenage girls as they walked down the side of a New Jersey road coming back from a movie theater. They were killed, and now the driver of ... [Link] - New Jersey Drunk Driving News: Former NJ Nets Player Must Wear Alcohol Monitor following DWI Accident
Sunday, February 7, 2010 5:26 pm
When it comes to arrests for drunken driving the law does not discriminate between well-known and famous personalities and the everyday man or woman. In New Jersey, whether you live in Bergen, Union, Monmouth or Atlantic counties, an arrest for driving under the influence of alcohol can have a negative impact on a person's life and livelihood. A drunk driving ... [Link] - MADD used as a model by group for laws against driving while texting
Sunday, February 7, 2010 3:03 am
St. Louis, MOOver and over, the comparison is made to a battle that started 30 years ago with the death of a 13-year-old California girl.The loss of Cari Lightner, who was run down by a drunk driver, served as a catalyst for change by spawning Mothers Against Drunk Driving, one of the best known nonprofit advocacy groups in the nation's ... [Link] - Click To Call - Enter Your Phone Number
Saturday, February 6, 2010 7:16 pm
Fast, Easy, and Free Phone Consultation with a Board Certified Criminal Trial Lawyer. Just click on the Google Voice Icon above, enter your name and phone number and I will personally speak to you. [Link] - Arrest in Ybor City
Saturday, February 6, 2010 11:11 am
Arrested in Ybor City? We can help. Board Certified Criminal Trial Lawyer, Attorney W.F. ''Casey'' Ebsary, Jr. is standing by.Arrested in Ybor City? Tell Me Your Story Toll Free 1-877-793-9290 . [Link] - Tampa Attorney - Ybor City Night Parade - Zero Tolerance
Saturday, February 6, 2010 11:11 am
After breaking records for arrests at the Gasparilla day parade, Tampa Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr., notes that for the night parade in Ybor City, law enforcement and government officials may be back-pedalling on the zero tolerance policy that resulted in over 400 citizens arrested on criminal charges.Traditionally, however activity at the Bureau of Administrative Reviews (BAR) ... [Link] - Deputy Restrained in Dog Cage After DUI Arrest
Saturday, February 6, 2010 1:40 am
An arrest report says a Sullivan County deputy had to be placed in a K-9 cage after he became belligerent during a DUI arrest. The Kingsport Times-News reports 47-year-old Samuel Monroe Bledsoe was fired from the sheriff’s office on Monday following an internal investigation of the incident. The Tennessee State Highway patrol report says Trooper David Osborne arrested Bledsoe on ... [Link] - New Arizona DUI Law Aims to Jail Ignition Interlock Violators
Saturday, February 6, 2010 1:40 am
The Arizona Legislature is hard at work this year trying to make Arizona DUI Law, which is already the nation’s most punitive, a little tougher. This is the first in a series of articles examining the proposed legislation and discussing how it will impact the prosecution and defense of drunk driving in Arizona. One thing is certain, Arizona DUI law ... [Link] - Hamilton speakers say DUI laws, Montana culture need to change
Saturday, February 6, 2010 1:40 am
In the near half-century that Win Smith has been a Rotarian, he’s always been most proud of that organization’s willingness to take the lead on issues important to the community. And now Smith hopes the club is willing to take on another major challenge. Smith presided over a packed house at the weekly Hamilton Rotary meeting as county and state ... [Link] - Houston DWI DIVERT Changes Again!
Saturday, February 6, 2010 12:27 am
I understand that the Houston DWI DIVERT program is a novel concept for Harris County, Texas. I further recognize that with a new program tweaks will be made to make improvements. However, it seems that the Harris County District Attorney's Office (HCDAO) is continually making changes to this program. This causes confusion to all the parties involved. Whether you are ... [Link] - Oregon DUI Enforcement Patrols Heightened For Super Bowl
Friday, February 5, 2010 9:06 pm
Super Bowl weekend will see increased DUI patrols throughout the State of Oregon. According to a recent press release from the Oregon Department Of Transportation, police departments across the State will intensify efforts at DUI enforcement over the weekend. Groups involved in the effort include, the Governor's Committee on DUII, The Oregon State Police, The Oregon Association of Chiefs of ... [Link] - California Heads List of America's "Drunkest" Cities
Friday, February 5, 2010 8:38 pm
In the March 2010 issue of Men’s Health, the magazine posted a list of America’s “drunkest” cities. Fresno leads the pack, and four other California cities (Riverside, Bakersfield, Modesto, and Sacramento) round out the top 20. The poll was based on a number of factors: the number of alcohol-related liver disease deaths, the number of binge drinkers in each city, ... [Link] - Woman Charged with DUI while Taking her Child to School
Friday, February 5, 2010 7:15 pm
A Florida woman’s decision to drink and drive is once again highlighting the unexpected consequences a DUI can have. Tampa Bay Online reports a that a 39-year-old woman is accused of driving an 11-year-old child to school while under the influence of illegal drugs. According to police, she crashed her car into another car, and into a fence. The child ... [Link] - When Asked By a Cop to Rate Yourself On a Scale of Zero to Ten, Be A Zero
Friday, February 5, 2010 6:48 pm
If you are arrested for DWI in New Hampshire, the arresting officer may ask you to rate yourself. The trick question goes along these lines: "So on a scale of zero to ten, with zero being stone cold sober and 10 being falling down drunk, where would you rate yourself." The cop is not going to factor your answer into ... [Link] - New Jersey DWI Police Blotter: Montclair, NJ, Drunk Driving Arrests
Friday, February 5, 2010 4:17 pm
Traffic stops for drunk driving occur every day in New Jersey. The state police and local law enforcement agencies have no tolerance for motorists caught operating a motor vehicle under the influence of alcohol, or prescription drugs for that matter. As an experienced DWI defense attorney, I know the requirements expected of police officers when it comes to drunk driving ... [Link] - A large problem in Gas Chromatography: No uniform standard for GC run position or composition
Friday, February 5, 2010 4:17 pm
I try to learn everything that I can about analytical testing. Not being a scientist and only being a lawyer, I am an outsider to this fascinating world. I find that as I learn more, more questions present themselves. As an outsider last year l learned something that really kind of surprised me. When Gas Chromatography is used and especially ... [Link] - Birmingham Drunk Driving News: Could Changes in Wet/Dry Laws Cause Rise in Alabama DUI Arrests?
Friday, February 5, 2010 9:36 am
Drunken driving in Alabama is quite commonplace, although so-called dry counties that have laws against beer, wine and hard liquor sales may have fewer DUI arrests than the rest of the state. As a Birmingham drunken driving defense lawyer, I represent people who have been pulled over in Montgomery, Huntsville, Mobile and Tuscaloosa, to name just a few. Lately, a ... [Link] - More False Blood-Alcohol Tests
Friday, February 5, 2010 3:21 am
I wrote a couple of months ago about a growing number of false blood-alcohol tests that had been discovered in the Colorado Springs Metro Crime Lab. At the time, about 1,000 tests were suspect, of which 82 had been confirmed as being falsely high. See Hundreds in Denver Possibly Convicted with Falsely High Blood Tests. The number of those falsely ... [Link] - First time DUI offenders encounter strict punishments in Georgia
Friday, February 5, 2010 1:50 am
Driving under the influence is a serious matter and can have serious consequences. Most often, DUIs involve the consumption of alcohol. However, contrary to previous thinking, a DUI is not strictly alcohol specific. In Georgia, it is a criminal offense to operate a car, truck, or motorcycle when a driver’s ability has been compromised by the use of either alcohol ... [Link] - Cop who falsified DUI arrests WON’T be charged with crime
Thursday, February 4, 2010 10:51 pm
Fiorito I previously posted (click here) about a Chicago Officer who would falsify evidence in police reports in order to make DUI arrests. Richard Fiorito has been sued civilly for targeting classes of individuals and making fake DUI arrests. On my prior post the video of one such arrestee clearly showed him not failing the FSTs administered. However, contrary to ... [Link] - Attention Officers - Bad Driving is not Synonymous with DUI
Thursday, February 4, 2010 10:47 pm
During a recent interview, an anonymous 20-year police veteran disclosed some “secrets” on catching drunk drivers. One of these related to observations about driving. “Some people hang on the white lines on the road in an attempt to drive straight. Others drive too aggressively, and many drive too cautiously or slowly. We’re trained to watch for all the obvious signs ... [Link] - Collin County District Attorney Race Q&A
Thursday, February 4, 2010 8:38 pm
Coming Soon! A 10 Question and Answer session with the candidates for Collin County District Attorney. This Q&A is a collaborative effort between myself and the Collin County Observer (CCO). In the next couple of days, we will be sending out 10 questions to the candidates for DA. I think it will be helpful to see where the candidates stand ... [Link] - Lawyer advertising & representations as to skill
Thursday, February 4, 2010 3:31 pm
I recently met with a friend of mine who had visited an attorney for a routine legal matter. She explained how both the law partner and an associate each claimed to be the best lawyers in Broward County. Naturally, we both rolled our eyes at such a bold statement. The fact is that South Florida has such a bountiful supply ... [Link] - No Warrant No Search-YouTube Video Posted This Week by New Hampshire Criminal Defense Lawyer Mark Stevens 603-893-0074
Thursday, February 4, 2010 3:31 pm
I posted a new video on YouTube regarding requests by the police for consent to search you without a warrant: Here it is: http://www.youtube.com/watch?v=dYzYNHT7r7YIf you have been accused by the police in New Hampshire of "Driving While Intoxicated" (DWI), and/or possession of drugs or alcohol, feel free to call my office today at 603-893-0074 to arrange a free consultation to ... [Link] - Jury awards ex-Stripper $100K for DUI wreck
Thursday, February 4, 2010 3:31 pm
Jury awards ex-Stripper $100K for DUI wreck BIRMINGHAM, Ala. (AP) – A Jefferson County jury has awarded a former stripper $100,000 in a lawsuit in which she claimed the club that employed her failed to stop her from driving home after her on-the-job drinking. Patsy Hamaker of Bessemer was injured in a wreck after leaving work at The Furnace on ... [Link] - Watch Out For DUI Checkpoints on Super Bowl Sunday
Thursday, February 4, 2010 3:31 pm
With Super Bowl Sunday right around the corner, police everywhere are setting up to catch drunk drivers, but in actuality will mainly be pestering the innocent. Because of this, I offer this post as a fair warning. Remember, police cannot setup a DUI or sobriety Checkpoint unannounced so check your local news if you intend to avoid the bother. Some ... [Link] - Los Angeles DUI Charge for "Heroes" Actor Adrian Pasdar
Thursday, February 4, 2010 10:43 am
On Wednesday, January 27, Adrian Pasdar, star of NBC's "Heroes" series, was pulled over for driving under the influence in Los Angeles. According to reports, the 44-year-old actor was speeding on the 405 in his Ford F-150 truck at nearly 100 miles per hour -- straddling two lanes of traffic -- when the California Highway Patrol pulled him over at ... [Link] - Texas Drunk Driving Campaign - False and Misleading
Wednesday, February 3, 2010 10:52 pm
This billboard image was recently sent to me and it reminded me of the Texas DWI campaign, DRINK, DRIVE, GO TO JAIL The problem that Houston driver's face - Houston Police officers believe the statement to be true. Unfortunately, the statement is very true for all intents and purposes. Many citizens are arrested simply because they have had a drink, ... [Link] - Witness Chicken (The Police Version)
Wednesday, February 3, 2010 10:39 pm
Maybe your client is guilty. Maybe it will be easy for the State to prove that your client is guilty. That is, if they can get their witnesses to show up. There are all sorts of reasons that defense lawyers set cases for hearings and trials, not the least of which is that they expect(well… hope?) that a judge will ... [Link] - Driving While License Suspended
Wednesday, February 3, 2010 8:50 pm
One consequence of a DUI conviction is a license suspension. Not being able to drive is a serious incontinence to many people. Although public transportation is a viable option for many people in Portland, in outlaying areas the inability to drive is severely limiting. For this reason, it is important to fight for your license at both the DMV and ... [Link] - DUI or Just UI?
Wednesday, February 3, 2010 7:51 pm
Early Sunday morning, a Rochester woman allegedly rolled her car, hit a mailbox, and then drove away. Police later arrested her back at her apartment for leaving the scene of an accident and DUI. The police wouldn’t say why they suspected that the woman was guilty of drunk driving. And therein lies the problem. Unless this woman told the cops ... [Link] - Birmingham Criminal Defense News: Mobile Teacher Arrested for Child Sex Abuse in Baldwin County, Alabama
Wednesday, February 3, 2010 6:21 pm
Being accused, or worse, convicted of a sex crime can ruin a person’s life. Police and law enforcement agencies throughout Alabama regularly arrest individuals for a range of offense related to criminal sexual behavior. From Mobile and Birmingham to Huntsville and Tuscaloosa, child pornography (also referred to as kiddy porn), sexual assault, rape and other crimes of a sexual nature ... [Link] - How to Use Software to Win DUI Cases
Wednesday, February 3, 2010 5:39 pm
Any DUI lawyer who has handled more than a couple dozen Michigan drunk driving cases knows that it is important to know how much alcohol was consumed and how this amount of alcohol impacted his client’s blood alcohol level at the time he or she was driving. But the driver’s roadside breath test is inadmissible, so it is only the ... [Link] - Actors and Athletes Alike Face DUI Charges
Wednesday, February 3, 2010 5:33 pm
From actors to athletes, local police departments show no favoritism to those that drink and drive. Rey Maualuga, a linebacker for the NFL’s Cincinnati Bengals,- was recently arrested in Covington, Kentucky, for allegedly driving under the influence. The New York Times reported that Maualuga was arrested last Friday morning and held in the Kenton County Jail for seven hours before ... [Link] - Off-duty NJ State Police Sergeant Charged with DWI, Breath Test Refusal after Warren County Crash
Wednesday, February 3, 2010 5:32 pm
Having worked both sides of the aisle as a former New Jersey municipal prosecutor and now as a drunken driving defense lawyer, I am always appalled whenever I hear of a law enforcement officer being arrested for any alleged crime. Not long ago, an off-duty sergeant of the New Jersey State Police was charged with DWI as well as refusal ... [Link] - DUI Urinanalysis: Improper Sample Collection
Wednesday, February 3, 2010 4:47 pm
Case Name: People v. Henry (.pdf) Court: Appellate Court of Illinois, Third District Date Decision Filed: 1/19/2010 In this DUI case, a phlebotomist collected the motorist’s urine for testing purposes. An Illinois regulation provides that “[a] urine sample may be collected by the arresting officer, another law enforcement officer, an agency employee, or a hospital nurse who can [...] [Link]
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