Historically, an individual arrested for DUI in Oklahoma automatically has his or her license suspended. The suspension process involves an administrative proceeding with the Department of Public Safety, while the DUI itself is handled by the criminal courts. After a first offense, a driver can have his license revoked for…
Four consolidated cases before the Colorado Supreme Court raised the issue of whether DUI is a lesser included offense of either vehicular assault-DUI or vehicular homicide-DUI. In ruling on them in a single opinion, the state high court also addressed: (1) whether a double jeopardy claim can be raised for…
A 28-year-old Sumner, Illinois resident was recently sentenced to 30 months in prison after pleading guilty to aggravated DUI for the June 2014 car accident that killed her boyfriend. She was sentenced this month by Lake County Circuit Court Judge James Booras. Her prison sentence is periodic, meaning she will occasionally…
The Times of Wayne County has a reputation in upstate New York for printing all arrests and publishing all mug shots in the county. Accordingly, a 43-year-old DUI defendant bought hundreds of copies in an unsuccessful attempt to prevent his community from reading about his arrest. After being arrested, he ranted…
A New Jersey appellate court recently reversed a woman’s 2013 conviction for vehicular homicide. The court concluded that the Somerset County Superior Court erred in not allowing into evidence a note from the defendant’s husband stating that he, not she, was the driver in the 2010 crash that killed a…
Last month, the Federal Trade Commission (FTC) filed charges against Breathometer, Inc.–a company that markets two smartphone accessories designed to measure consumers’ BAC–and its CEO in federal court, claiming they lacked scientific evidence to support their claims. The complaint, filed on January 23, 2017 in the U.S. District Court in…
The Idaho Supreme Court recently vacated a defendant’s DUI conviction because it was enhanced based on a prior conviction obtained in violation of the defendant’s Sixth Amendment right to counsel. The State charged Farfan-Galvan with felony DUI on November 3, 2014. The DUI was charged as a felony because Farfan-Galvan…
After a jury trial, defendant Jeannine Jenkins was convicted of aggravated driving under the influence of alcohol and sentenced to 12 years in prison. Following Jenkins’ direct appeal, the Illinois Court of Appeals for the First District remanded the case to the trial court for a hearing on Jenkins’ pro…
Defendant Mary Osborne was charged with operating a vehicle while intoxicated in a manner that endangers a person and operating a vehicle with a blood alcohol concentration of at least 0.08. Before trial, Osborne filed a motion to suppress, arguing that the warrantless traffic stop preceding her arrest was constitutionally…
The Illinois Court of Appeals for the Third District recently held that suspicion aroused by bloodshot eyes, unless confirmed by another factor (such as poor driving, stumbling, or an inability to communicate), does not rise to the level of probable cause that a DUI was committed. At the hearing on…