Under State and Federal law, the police typically need a warrant to enter a home or search a person. There are some exceptions, though, such as when the police are actively pursuing a suspect. There is a split among the states, though, as to whether the hot pursuit exception to…
In most states, DUI crimes are not limited to driving while under the influence of alcohol. Rather, a person can typically be charged with a DUI offense for driving while impaired due to the use of prescription, illicit, or recreational drugs, such as marijuana. While the police usually employ chemical…
A person convicted of a DUI offense can face significant criminal and civil penalties, such as fines, incarceration, and the loss of driving privileges. Shockingly, if a person’s vehicle is used in the commission of a DUI offense, it may result in the loss of the vehicle as well, even…
Typically, when a person who has been convicted of a crime is sentenced to probation, the sentencing court will impose certain conditions on the probation, in part to prevent the defendant from engaging in criminal activity. The court does not have boundless discretion with regards to what conditions it may…
In many states, police departments create incentive programs that award officers who arrest the highest number of people for DUI offenses. While such programs are likely meant to encourage thorough and vigilant investigations, they can lead to unwarranted arrests and unlawful activity. Recent events in Maryland highlight the dangers of…
The coronavirus pandemic has altered life as we know it in many ways, including changing the way we work and socialize. While some effects of the pandemic were foreseeable, others were arguably unexpected. For example, as shown by a recent article regarding DUI arrests in Santa Clarita Valley, the rates…
In criminal cases throughout the country, the prosecution bears the burden of proving that the defendant committed the charged offense. Thus, the prosecution will typically conduct an investigation and engage in discovery to obtain any evidence that would imply or prove the defendant’s guilt. If the prosecution uncovers evidence that…
In cases in which a person is convicted of a DUI charge, the sentencing court will require the person to mount an ignition interlock device in his or her car. Ignition interlock devices and other devices that aim to restrict drivers from driving while intoxicated typically are reserved for instances…
The United States Constitution affords people in every state numerous rights, including the right against unreasonable search and seizure. What constitutes a violation of that right varies, but in many states, a person cannot be arrested for a misdemeanor crime absent a warrant or an observation by a police officer…
When most people contemplate what constitutes grounds to charge a person with DUI, they think of driving while intoxicated due to the consumption of alcohol. In many states, however, a person can be convicted of DUI for driving while under the influence of other substances, such as illicit or prescription…