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Preliminary Breath Tests - 10/31/2011

Most police units carry preliminary breath testing devices. These are portable devices that can be carried from one location to another and can be used to administer a breath test by the roadside. ...

Requirements for DUI - 10/2/2011

Merely because your blood alcohol concentration is above the legal limit, it does not mean that you have violated the DUI laws. To be convicted, the police must prove beyond reasonable doubt that you were driving or operating a motor vehicle while your blood alcohol concentration was above the legal limit. ...

Military DUI - 10/2/2011

If you are in the military and you have been charged with DUI, the consequences are far greater than what a civilian would face for a DUI charge. This is because of the high criterion of a military person. A military person is expected to be more responsible than an ordinary civilian. ...

Driver’s License Suspension - 10/2/2011

If you have been arrested for DUI, your driver’s license can be suspended. This is an administrative action by the state and does not require any court action. Courts will also not intervene to prevent this administrative action since it is independent of the criminal case. ...

Challenging Breath Analyzer and Blood Test Results - 10/2/2011

Generally the breath analyzer test and the blood test results will be strong evidence of DUI. However you can challenge these results in a court of law. ...

Blood Test Results - 10/2/2011

In a DUI case, the blood test result is the main evidence against the suspect. However even if the blood test results show a blood alcohol concentration of 0.08% or more, it does not mean that the suspect is guilty as charged. ...

Your First Steps after a DUI Arrest - 9/2/2011

Getting arrested for a DUI is no joke. You will want to explain your side of the story to the police and want to get away from there as soon as possible. ...

How Obama’s Uncle Failed the Field Sobriety Tests - 9/2/2011

On August 24, 2011 at around 19:05 hours, Officer Val Krishtal of Framingham, MA was driving east on Waverly Street in an unmarked cruiser. As he was approaching the intersection with South Street, he saw an SUV that failed to stop completely at a stop sign. The officer had to apply his brakes quickly to avoid striking the SUV. ...

Why You Need a DUI Attorney - 9/2/2011

A DUI charge is serious. Never take it lightly. There is a lot at stake. Consult with an experienced DUI attorney. You can be sent to jail and you may have to pay huge fines. ...

Factors Affecting the Results of a Field Sobriety Test - 9/2/2011

The police generally subject drivers suspected of driving under the influence of alcohol to field sobriety tests. The objective of these field sobriety tests is to determine if the driver’s blood alcohol content is above the legal limit. ...

Field Sobriety Checkpoints - 9/2/2011

When the police set up a sobriety checkpoint, they pull over vehicles according to a predetermined plan. When a vehicle is pulled over, an officer will approach the driver and if the officer’s encounter with the driver causes him or her to believe that the driver may be under the influence of alcohol, the officer will subject the driver to the field sobriety tests. ...

DUI Statistics - 8/4/2011

There are many people that are found guilty of driving under the influence of alcohol. Because of drunk driving, people fall prey to accident and are injured or have to loose their lives. ...

Driving Under Influence-Penalties - 8/4/2011

There are many drivers that are being arrested as a result of driving under the influence of alcohol and are considered as serious offence. In order to check this offence the penalties have been increased. With the efforts of Mothers Against Drunk Drivers many DUI laws have been passed nationwide since 1980. ...

Driving Under Influence - Consequences - 8/4/2011

Many states are clearing Zero Tolerance Laws when subject is DUI (Driving under Influence) laws and penalties are more severe than normally they are. The days are gone to hire a lawyer and reduce you punishment in court. ...

How to Defend Yourself against DUI? - 8/4/2011

DUI (driving under influence) is the most serious offence which causes injury and death of not only the driver but also other innocent people who fall prey to reckless driving. ...

How to defend and win DUI? - 8/4/2011

DUI (Driving under influence) convicts you against citation of the state and you shall be punished in court hearing for imprisonment and long suspension of your license. Even if, you are caught drinking and driving, there are still ways to reduce the charges that you will possibly face or have them dropped completely. ...

The Math of Getting Drunk - 8/2/2011

There are many factors that come into play when we drink alcohol. These factors decide how quickly one goes over the .08% Blood Alcohol Content which is the legal limit in all states in the US. ...

Consequences of a DUI Conviction - 8/1/2011

All states have severe DUI laws. In all states if you are caught operating or driving a vehicle when your BAC is 0.08% or higher, you will be charged with DUI. ...

DUI Trial - 8/1/2011

In a DUI trial, the prosecutor will start the proceedings by explaining to the court the charges against the person. The prosecutor will then proceed to produce the evidence against the person. ...

Sentencing in DUI Cases - 8/1/2011

Sentencing in DUI cases will depend on many factors. Generally a person convicted of DUI can expect to be sentenced to jail, pay heavy fine, undergo probation or do community service. The exact punishment will depend on state laws. ...

Breath Analyzer Tests Are Not Optional - 8/1/2011

If the motorist refuses a breath analyzer test, the police officer will have sufficient cause to arrest him for DUI and subject him to a blood test. In many states, a motorist who refuses a breath analyzer test will have his or her driver’s license suspended. ...

How to React if Arrested for DUI. - 8/1/2011

There are certain procedures the police officer must follow when he or she arrests you for DUI. Any variation from the set procedures can be used to your benefit during trial. ...

Use of Sobriety Test Results as Evidence - 7/5/2011

A set of Standardized Field Sobriety Tests was developed by the NHTSA based upon measured relationships between performance on various tasks and measured blood alcohol level. ...

DUI Lawyer and Administrative Hearing - 7/5/2011

If your driver’s license has already been suspended, a DUI lawyer will apply to have it reinstated. ...

Community Service as an Alternative to Jail - 7/5/2011

A DUI offender can fulfill his or her community service hours in many ways including helping anti-drunk driving associations, cleaning the highways, speaking about the dangers of drunk driving before a group of people, volunteering at charities, etc. ...

Preliminary Breath Testing - 7/5/2011

Preliminary breath testing devices are portable, hand-held units that measure the BAC level from a breath sample, taken at roadside, by having the driver blow into a disposable mouthpiece. ...

Administrative License Suspension Hearing - 7/5/2011

In some states persons who refuse the chemical test cannot request an administrative license suspension hearing. ...

Using Arresting Officer’s Record as a Defense - 6/3/2011

You can use the information to discredit the officer in the eyes of the jury. ...

Refusal to Test - 6/3/2011

Depending on the system used in your state, you may be asked to undergo an urine or a blood test. You cannot refuse this test. There are severe penalties for refusing a chemical test including automatic suspension of your driver’s license. ...

DUI & Murder - 6/3/2011

A first time DUI is a misdemeanor offense in all states. In most state a second time DUI is also a misdemeanor offense. In some state states, a third time DUI offense is a felony. Felony crimes are punishable with imprisonment exceeding one year and hefty fines. ...

DUI Punishments - 6/3/2011

In all states, besides the criminal penalties, a person charged with DIU will face administrative action in the form of driver’s license suspension. This is an administrative action by the State Department of Motor Vehicles and has nothing to do with the outcome of the DUI charge. The period of license suspension varies from state to state. ...

Using Apps to Avoid DUI checkpoints - 6/3/2011

A DUI checkpoint must meet certain requirements to be constitutionally valid. One such requirement is that the police must provide advance notice of the checkpoint to the motorists. ...

Serving alcohol to intoxicated persons - 5/1/2011

Under social host liability laws, anyone who provides alcohol to a person who appears visibly intoxicated will be liable for any accident the person may cause as a result of the intoxication. ...

Why you can fail a field sobriety test - 5/1/2011

Historically, roadside sobriety tests used by police to make DUI arrests and to build cases that would stand up in court varied widely, were administered in a non-uniform fashion, and ultimately depended on the officer's subjective evaluation of the driver's motor coordination skills. ...

Should a DUI suspect be given the Miranda Warning? - 5/1/2011

Miranda warnings need not be given to persons stopped for DUI. ...

How Ignition Interlock system works - 5/1/2011

In many states if you are convicted for DUI you will be required to install an ignition interlock system in your car. ...

Police can use reasonable force to obtain blood sample - 5/1/2011

If you have been arrested for DUI, you cannot refuse a blood test. If you refuse, the police can use reasonable force to obtain the sample. This is what the Supreme Court decided in the Schmerber case. ...

The Most Common Sexual Crime: Indecent Exposure - 3/31/2011

The most common sexual crime in the United States is indecent exposure. Although considered a sex crime, it is not a crime for which most states will require registration on a sex offender databases. ...

What is Disorderly Conduct? - 3/31/2011

A common, but often misunderstood charge given by police is that of disorderly conduct. The exact definition varies from jurisdiction to jurisdiction, but most U.S. states have similar laws in a broad sense. ...

Real Housewives Reality TV Star Up On Forgery Charges.. Again - 3/31/2011

Joe Guidice, one of the stars of reality TV show The Real Housewives of New Jersey, was arraigned on charges of forgery for fraudulently obtaining a driver's license using his brother's identification. ...

Pending DUI Cases By San Diego Cop May Be Dropped - 3/31/2011

A San Diego police officer accused of sexual assault and misconduct during several DUI stops and arrests has caused turmoil in the prosecution of pending cases the officer was involved in. ...

Worried About DUI/DWI Checkpoints? There's an App for That - 3/31/2011

Despite the best efforts of lawmakers and groups fighting drunk driving, the apps are perfectly legal and easily available. Why? Because they have constitutional protection under freedom of speech. ...

Information Required for a DUI Prosecution - 3/31/2011

A good defense lawyer during a DUI case will know what to look for when examining this evidence and will likely be able to call into question the procedures, thus casting doubt onto the prosecution's case. ...

Field sobriety tests do not indicate BAC - 3/29/2011

The accuracy of the results of these tests are affected by the driver's age, educational and cultural factors, where and when the tests were conducted, among others. ...

Probable Cause for DUI Arrest - 3/29/2011

If you refuse to cooperate, the officer must assess whether the circumstances up to that point would constitute probable cause for a DUI arrest. ...

Reasonable Suspicion for DUI - 3/29/2011

Reasonable suspicion means there is reason to suspect (a reasonable possibility)-which can be objectively articulated--that the driver or other occupant has committed, is committing, or is about to commit a crime. ...

DUI Arrest Probable Cause - 3/29/2011

The usual way drunk drivers are identified and apprehended is when a police officer (on roving patrol) stops a motorist for some type of suspicious, erratic, improper, unusual, or illegal driving behavior. ...

How prior DUI convictions can affect you - 3/29/2011

If you have been stopped for DUI, your Sixth Amendment right to counsel includes a reasonable opportunity to consult with counsel before deciding whether to submit to a blood alcohol test. ...

Tearing apart the prosecution's case - 3/6/2011

When you are arrested for DUI, the police will try to convince you that you must answer each and every question they ask you. Never answer any questions asked by the police or make any statements without talking to a DUI attorney. ...

Dram shop laws - 3/4/2011

The dram shop statutes held licensed servers liable for injuries incurred directly after serving liquor to intoxicated patrons. ...

Why you will need a DUI lawyer - 2/28/2011

Remember ignorance of law is no excuse. You will need the assistance of a DUI lawyer. ...

Time gap between the DUI stop and the blood test - 2/28/2011

Time gap between the DUI stop and the blood test, your blood absorbed the alcohol resulting in a blood alcohol concentration that is over the legal limit. ...

Administrative license suspension - 2/28/2011

In many states drivers who, upon arrest, refuse to take or fail a breathalyzer test are subject to administrative license suspension sanctions, which operate independently of any criminal action taken against the suspect or the outcome of prosecution. ...

Prior DUI Conviction Influence Future Penalties - 2/28/2011

The criminal justice system allows the judge to consider prior conviction while deciding the sentence. ...

DUI Results in License Suspension or Revocation - 2/14/2011

In all cases, if you are driving under the influence of alcohol, there is a good chance that you will lose your license, serve time in prison and serve a lengthy probation period. ...

Sheriff's Deputy Arrested for DUI - 1/28/2011

In Florida, a 22 year old Sheriff’s Deputy was arrested for DUI. Chad Jackson, a Sheriff’s deputy in Polk County was arrested around 2 am on the morning of January 15, 2011. ...

First Celebrity DUI arrest of the year - 1/28/2011

Around 11 pm on January 5, 2011, the cops in Santa Monica noticed vehicle committing a traffic violation of sorts. When they stopped the vehicle, they found Actress Jamie Pressly at the wheel in an inebriated state. Jamie Pressly is the co-star of the TV show “My Name is Earl”. ...

Find a good DUI attorney - 1/24/2011

If you have been charged with DUI you will need a good DUI attorney. The US has strict laws to deal with drunk driving. A DUI conviction can have serious consequences. ...

Expunging your DUI record - 1/24/2011

Expunging your DUI record ...

Police departments use "sobriety checkpoints" as part of their overall DUI enforcement strategy. - 1/24/2011

Police departments use "sobriety checkpoints" as part of their overall DUI enforcement strategy. ...

DUI Attorney can challenge the accuracy - 1/24/2011

DUI Attorney can challenge the accuracy of breathalyzer test results on the grounds of impropriety in how the equipment was maintained or prepared for use, or in how the test was administered. ...

DUI Field Sobriety Tests Unreliable, Expert Says - 9/10/2009
Chris Robideaux
DUI lawyer Lawrence Taylor, author of the best-selling legal treatise Drunk Driving Defense, argues that although these DUI tests have an aura of scientific credibility to a jury, they have no real basis in science and are almost useless in determining intoxication. ...

Bay Area sees over 370 DUI arrests over holiday weekend - 9/8/2009
Chris Robideaux
'Tis the season for end-of-summer drunken-driving arrests. More than 370 people have been arrested for driving under the influence in the Bay Area so far this Labor Day weekend while law enforcement agencies in the region are conducting increased DUI patrols and checkpoints. ...

Georgia County sees more arrests this Labor Day than last year - 9/8/2009
Chris Robideaux
Sheriff's deputies in Richmond County, GA more than doubled their arrests of drunken drivers this Labor Day holiday weekend compared with last year. ...

12-year-old steals and crashes car while drunk - 9/3/2009
Chris Robideaux
In an astonishing story of a seemingly incorrigible youth with a penchant for drunken driving, police in Lincoln, Nebraska have arrested a 12-year-old boy for stealing and crashing a car, running from the accident and DUI. ...

Accident on California highway results in woman's DUI arrest - 9/1/2009
Chris Robideaux
The recent rise in women getting arrested for DUIs continues, as a Newbury Park, CA woman was arrested on Sunday for allegedly driving under the influence of alcohol and causing a collision that resulted in major injuries to two of the occupants of her vehicle ...

Former U of Kentucky basketball coach arrested for third DUI - 8/31/2009
Chris Robideaux
Continuing the spate of DUI scandals for those in the public eye, former University of Kentucky basketball coach Billy Gillispie has been arrested in Anderson County in Kentucky and charged with driving under the influence of alcohol. ...

Mississippi DUI crackdown nets 5,000 tickets, 86 Arrests - 8/27/2009
Chris Robideaux
DUI crackdowns continue this year across the land. Authorities have been cracking down on drunken driving all summer, and have stepped up efforts even more. ...

Lengthy criminal record for Watsonville CA man suspected in fatal DUI crash - 8/25/2009
Chris Robideaux
The Watsonville man suspected of being behind the wheel of a Hummer that jumped a curb Friday night and hit and killed a man has a lengthy criminal record, including many drug-related charges, court documents show. ...

Supreme Court of Montana orders new restitution hearing in DUI fatalaty case - 8/24/2009
Chris Robideaux
The Montana Supreme Court has ordered a new hearing to determine the amount of restitution owed in a fatal drunken driving case, saying the District Court relied on assumptions and speculative calculations. ...

Contra Costa County DUI task force to hit the streets - 8/24/2009
Chris Robideaux
Stepping up an effort to curb the number of deaths that occur annually as a result of impaired driving, members of 25 law enforcement agencies are banding together for a full-on mobilization to crack down on drinking and driving, utilizing roadblocks and routine pullovers for DUI suspicion. ...

Virginia lawmakers turn the heat up on DUI Issue - 8/20/2009
Chris Robideaux
Fair jurisprudence and due process in DUI cases has apparently taken a leave of absence in Virginia. The Virginia General Assembly voted Wednesday to drop a legal requirement that prosecutors prove that breath machines in drunken driving cases have been tested and are accurate. ...

Arrested for DUI twice in 4 days, a Petaluma man tests patience of courts - 8/19/2009
Chris Robideaux
A Petaluma, CA man and recidivist drunk driver is in trouble yet again. The 51-year-old habitual DUI driver who was arrested for DUI on Friday was nabbed again on Monday when officers found him drinking in a bar, thereby violation his probation terms. ...

Matt Keough, 'Real Housewives' Husband, Arrested for DUI - 8/18/2009
Chris Robideaux
Matt Keough, a former MLB pitcher who was featured on The Real Housewives of Orange County as cast member Jeana Tomasin's husband, has added to the lengthy list of celeb malfeasance by getting arrested for DUI on Saturday. ...

Woman busted twice for DUI on same night in 2 different cars - 8/13/2009
Chris Robideaux
Lincoln, Nebraska Police have arrested a woman twice in one night in two different cars for driving drunk. Police spokeswoman Katie Flood said the woman was pulled over early Wednesday after she allegedly made an illegal turn and was spotted swerving down a south Lincoln street. ...


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