DUI Blog

Alcohol on Breath + No Driving = DUI

2010-07-16T20:53:15Z

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 example: Appeals Court Nullifies Drunk "But Not Yet Driving" Offense Pewaukee, WI. July 14 — A state appeals court nullified a [...]...(read more)

Pre-Written DUI Arrest Reports: A Smoking Gun

2010-07-09T15:19:44Z

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 templates are increasingly used: the officer simply inputs the suspect’s name, address, etc., and prints out [...]...(read more)

Police Writing DUI Arrest Reports…Before the Arrest

2010-07-04T11:20:51Z

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 speech, failed field sobriety tests, admissions of drinking — and then just filling in the names, [...]...(read more)

An Interview….

2010-06-28T21:05:08Z

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: The nature of the crime (5:29) What is wrong with the present system of drunk driving laws and law enforcement? (3:48) [...]...(read more)

No Probable Cause Necessary for DUI?

2010-06-27T16:33:48Z

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 DUI Quotas Across the U.S. A few agencies, however, actually brag about them. Deputies Get Quota for Hoopfest DUI Patrols Spokane, [...]...(read more)

State Supreme Court: Treat Misdemeanor DUI as Felony

2010-06-26T18:14:26Z

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 Mothers Against Drunk Driving, the pressures on legislators and judges — most of whom face MADD’s wrath [...]...(read more)

The “Selective Memory” Filter in DUI Trials

2010-06-24T16:25:34Z

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 observations….Was the driving erratic, and in what way? What was [...]...(read more)

Double Jeopardy and Double Punishment in DUI Cases

2010-06-20T15:31:19Z

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. These are usually two very different procedures: (1) the administrative suspension for [...]...(read more)

“Yes, We Have No DUI Quotas”

2010-06-13T18:09:27Z

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 DUI Quotas?". They may be unwritten, or disguised as "suggestions" or "guidelines", but the intent to the patrol cop is clear: make [...]...(read more)

400 Wrongly Convicted in Washington: Faulty Breathalyzers

2010-06-10T15:27:38Z

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 Alcohol Testing: "State of the Art"?, Breathalyzer Inaccuracy: Testing During the Absorptive Stage, "Close Enough for [...]...(read more)

Scientific Truth vs Legal Expediency: Presuming Guilt in DUI Cases

2010-06-09T13:57:17Z

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 to have a BAC of .08% while taking a breath test [...]...(read more)

Another DUI “Right Without a Remedy”

2010-06-05T13:38:14Z

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 the defense, the U.S. Supreme Court in California v. Trombettaruled that there is no right [...]...(read more)

“How Can You Defend Them?”

2010-05-30T14:33:01Z

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 as being obstructionist, nefarious and somehow unethical. Certainly, every defense attorney tires of the [...]...(read more)

The Future of DUI Revisited

2010-05-23T15:34:38Z

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 can chart our future clearly and wisely only when we know the [...]...(read more)

Law and Politics vs Science

2010-05-18T14:42:49Z

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 defendant who was challenging his conviction for driving with over .08% blood in his blood [...]...(read more)