DUI Blog

Alcohol on Breath + No Driving = DUI

DUI BLOG — Fri, 16 Jul 2010 20:53:15 GMT

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...(read more)

Pre-Written DUI Arrest Reports: A Smoking Gun

DUI BLOG — Fri, 09 Jul 2010 15:19:44 GMT

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...(read more)

Police Writing DUI Arrest Reports…Before the Arrest

DUI BLOG — Sun, 04 Jul 2010 11:20:51 GMT

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...(read more)

An Interview….

DUI BLOG — Mon, 28 Jun 2010 21:05:08 GMT

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...(read more)

No Probable Cause Necessary for DUI?

DUI BLOG — Sun, 27 Jun 2010 16:33:48 GMT

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...(read more)

State Supreme Court: Treat Misdemeanor DUI as Felony

DUI BLOG — Sat, 26 Jun 2010 18:14:26 GMT

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...(read more)

The “Selective Memory” Filter in DUI Trials

DUI BLOG — Thu, 24 Jun 2010 16:25:34 GMT

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...(read more)

Double Jeopardy and Double Punishment in DUI Cases

DUI BLOG — Sun, 20 Jun 2010 15:31:19 GMT

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...(read more)

“Yes, We Have No DUI Quotas”

DUI BLOG — Sun, 13 Jun 2010 18:09:27 GMT

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...(read more)

400 Wrongly Convicted in Washington: Faulty Breathalyzers

DUI BLOG — Thu, 10 Jun 2010 15:27:38 GMT

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...(read more)

Scientific Truth vs Legal Expediency: Presuming Guilt in DUI Cases

DUI BLOG — Wed, 09 Jun 2010 13:57:17 GMT

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...(read more)

Another DUI “Right Without a Remedy”

DUI BLOG — Sat, 05 Jun 2010 13:38:14 GMT

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...(read more)

“How Can You Defend Them?”

DUI BLOG — Sun, 30 May 2010 14:33:01 GMT

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...(read more)

The Future of DUI Revisited

DUI BLOG — Sun, 23 May 2010 15:34:38 GMT

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...(read more)

Law and Politics vs Science

DUI BLOG — Tue, 18 May 2010 14:42:49 GMT

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...(read more)