If the police stop a person for suspicion of DUI, they must establish that the search is lawful; otherwise, any evidence arising out of the search may be deemed inadmissible. In other words, the State must demonstrate that the police had reasonable suspicion that a person is under the influence…
Judges and prosecutors have distinct roles in the criminal justice system, and generally, they refrain from exercising powers outside of the scope of their authority. If they do overstep their bounds, however, it may lead to unexpected outcomes. For example, a prosecutor in North Dakota recently sued a judge, arguing…
It is not uncommon for intoxicated drivers to cause collisions, and many DUI related accidents are fatal. Thus, a person may not only be charged with a DUI crime but other, more serious, offenses. Whether a fatality caused by a drunk driving accident constitutes murder, however, is unsettled throughout the…
When people think of DUI crimes, they usually contemplate a person charged with an offense after being caught driving a car, truck, or SUV while intoxicated. In many states, though, a person can be charged with a DUI crime for operating any motorized vehicle. This was demonstrated recently in Kansas,…
In theory, police officers should only investigate crimes or make traffic stops due to a reasonable suspicion of unlawful activity. Unfortunately, though, in some cases, the police may have incentives to charge people with criminal offenses other than the desire to uphold the law—for example, some cities reward officers for…
Generally, in DUI cases, the State’s main witness will be the officer that arrested the defendant. Thus, if the officer is unavailable, the State’s case may fall apart, resulting in the dismissal of the defendant’s charges. This scenario unfolded in Albuquerque recently, when over a dozen DUI cases were dismissed…
Many people convicted of criminal offenses lose their right to own firearms. While all criminal charges are a cause for concern, only convictions for serious crimes will result in the loss of the right to own a weapon, but what constitutes a serious crime is not always clear. Recently, a…
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…