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• Alcohol on Breath + No Driving = DUI

  In the current climate of political correctness, drunk driving is approaching the status of child molesting — and legislators, police, prosecutors and judges seem hell-bent on expanding the offense far beyond any reasonable interpretation. A recent... Posted Jul 16 2010, 02:53 PM by DUI BLOG Filed under: Duiblog

• Pre-Written DUI Arrest Reports: A Smoking Gun

  Earlier this week I posted about the increasing practice of police officers in DUI investigations to write arrest reports before the arrest — in fact, before the suspect is even seen driving.  This has gotten to the point that computer... Posted Jul 09 2010, 09:19 AM by DUI BLOG Filed under: Duiblog

• Police Writing DUI Arrest Reports…Before the Arrest

  In recent years, there has been a growing trend among law enforcement to use pre-written arrest reports in drunk driving cases. In other words, they are writing out a batch of phony reports — including "observed" driving symptoms, slurred... Posted Jul 04 2010, 05:20 AM by DUI BLOG Filed under: Duiblog

• An Interview….

  Last week I granted an interview which touched on a broad range of interesting subjects.  Videotapes on YouTube of the 50-minute interview may be of interest to readers of this blog, both attorneys and laymen….       DUI... Posted Jun 28 2010, 03:05 PM by DUI BLOG Filed under: Duiblog

• No Probable Cause Necessary for DUI?

  Police agencies across the country continue to deny that they employ DUI quotas — which force officers to make unjustified stops and/or arrests.  See, for example, DUI Quotas, Yes We Have No DUI Quotas and "Inside Edition" Documents... Posted Jun 27 2010, 10:33 AM by DUI BLOG Filed under: Duiblog

• State Supreme Court: Treat Misdemeanor DUI as Felony

  About 20 years ago, I coined the phrase "The DUI Exception to the Constitution" to describe a disturbing but growing treatment of DUI as a "politically incorrect" offense.  Created and fostered by the demonization of the crime  by... Posted Jun 26 2010, 12:14 PM by DUI BLOG Filed under: Duiblog

• The “Selective Memory” Filter in DUI Trials

  How does a police officer testifying in a drunk driving trial recall every detail of a DUI investigation months earlier? When an officer stops a motorist and suspects that he may be under the influence of alcohol, he begins to mentally record various... Posted Jun 24 2010, 10:25 AM by DUI BLOG Filed under: Duiblog

• Double Jeopardy and Double Punishment in DUI Cases

  When a person is arrested for DUI, his driver’s license is confiscated by the arresting officer and he is given a notice of "administrative suspension". He is also given a citation to appear in court to face criminal drunk driving charges... Posted Jun 20 2010, 09:31 AM by DUI BLOG Filed under: Duiblog

• “Yes, We Have No DUI Quotas”

  As every experienced DUI attorney (and patrol cop) knows, DUI quotas commonly exist — despite the repeated denials of police bureaucrats.  See my past posts DUI Quotas, "Inside Edition" Documents DUI Quotas Across U.S. and "What... Posted Jun 13 2010, 12:09 PM by DUI BLOG Filed under: Duiblog

• 400 Wrongly Convicted in Washington: Faulty Breathalyzers

  I’ve posted well over 100 times during the past six years on this blog about the multitude of reasons why breath alcohol machines are both inaccurate and unreliable.  See, for example, How Breathalyzers Work (and Why They Don’t), Breath... Posted Jun 10 2010, 09:27 AM by DUI BLOG Filed under: Duiblog

• Scientific Truth vs Legal Expediency: Presuming Guilt in DUI Cases

  The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or... Posted Jun 09 2010, 07:57 AM by DUI BLOG Filed under: Duiblog

• Another DUI “Right Without a Remedy”

  When the police administer a breathalyzer, the suspect’s breath sample is analyzed — and then destroyed by purging it into the air. Although it is easy and inexpensive to save the sample so that it could later be independently analyzed by... Posted Jun 05 2010, 07:38 AM by DUI BLOG Filed under: Duiblog

• “How Can You Defend Them?”

  It always surprises me how many people are outraged that I would defend someone accused by the police of a crime – and particularly of drunk driving. Arrest increasingly means guilt, and there is a public perception of criminal defense attorneys... Posted May 30 2010, 08:33 AM by DUI BLOG Filed under: Duiblog

• The Future of DUI Revisited

  Over five years ago, I gave a lecture to a national organization of attorneys during which I was asked, among other things, to anticipate the future course of DUI laws in the United States.  B earing in mind the words of Adlai Stevenson ("We... Posted May 23 2010, 09:34 AM by DUI BLOG Filed under: Duiblog

• Law and Politics vs Science

  It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving… In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a... Posted May 18 2010, 08:42 AM by DUI BLOG Filed under: Duiblog