DWI charges against a woman in Buffalo, New York, were dismissed based on a surprising defense: “Her body is a brewery.” The woman’s blood-alcohol level was recorded at over four times the legal limit when it should have been between .01 and .05. Her rare condition was not discovered until after…
Beginning on January 1, Illinois will dispose of the requirement that people arrested for a DUI are prohibited from driving for a minimum of 30 days. Instead, recent DUI arrestees will be permitted to keep driving, provided they install breath-measuring equipment in their cars to ensure their sobriety. This practice is quickly…
Illinois altered its laws affecting drivers with multiple DUI convictions with House Bill 1446, which was signed into law in August and becomes effective on the first day of the new year. Under prior Illinois law, a driver with four or more DUI convictions was not permitted to seek a…
Stroger Hospital executive Robert Vais was sentenced to 100 days in prison for fatally striking a young chef who was biking home from work on December 7, 2013. Vais was driving home drunk from a Christmas party. During an emotional sentencing hearing last month, Vais tearfully apologized for the death…
After the Georgia Supreme Court ruled this past May that mere compliance with the statutory implied consent law did not, per se, amount to actual and voluntary consent to a blood test, Georgia defense lawyers have been successful in getting evidence thrown out in their clients’ DUI cases under the…
Jermaine Phillips challenged his DUI conviction, claiming that the evidence failed to prove his guilt beyond a reasonable doubt. Specifically, he argued that his blood-alcohol level of .059 was below the legal limit, and other circumstantial evidence of his guilt was weak. An Illinois appellate court affirmed Phillips’ conviction, holding…
This September, the Illinois Supreme Court held that the Illinois implied consent statute was unconstitutional as applied to a driver when the test was requested two days after the motor vehicle accident. In May 2012, Kevin McElwain was involved in a traffic accident. He was stopped at an intersection and began to make…
Last month, Governor Bruce Rauner and the Illinois General Assembly decided to give four-time DUI offenders – whose licenses were permanently revoked under former state laws – a second chance. Recent data from the Illinois Secretary of State’s office suggests the law will effect 5,085 drivers, 55% of whom live in the…
Last month, a Florida judge recommended permanent disbarment for three lawyers who set up their legal opponent to be arrested for a DUI. His findings will be sent to the Florida Supreme Court, which will decide the lawyers’ ultimate punishment. A month earlier, Judge W. Douglas Baird found the lawyers Stephen Diaco,…
This July, the Montana Supreme Court decided whether the intermediate court erred in concluding that the state’s 24/7 Sobriety Program was unconstitutional. The high court concluded that, while the 24/7 Program did not, on its face, violate the state or federal constitutions, the statute was unconstitutional as applied to the defendant because the…