In the majority of DUI investigations, the investigating officer will administer a breath test to the DUI suspect via a breathalyzer machine. Thus, the prosecution’s sole or primary evidence in many DUI cases are the results of a breath test. Accordingly, the results must be accurate. Recently, however, it came…
Although citizens in every state in the nation are charged with DUI offenses, some states experience a higher rate of DUI crimes than others. Recently, the United States Drug Test Centers conducted research regarding DUI trends throughout the country in the last several years and set forth a report delineating,…
In some instances, when a person is convicted of a DUI offense, the person is required to install an ignition interlock device in his or her vehicle. Essentially, the device prevents people from driving while intoxicated by requiring them to submit to a breath test prior to driving. While ignition…
Many people are unaware of the fact that in most states, you can be charged with a DUI offense for sleeping in your car while intoxicated. Specifically, the law in many states dictates that a person can be charged with DUI if they are in actual physical control of a…
While the use of marijuana for recreational purposes is legal in a handful of states, many of their conservative neighboring states are not inclined to legalize marijuana. Additionally, many states that neighbor states where marijuana use is legal have expressed concerns regarding how the legalization of marijuana use outside of…
While the use of marijuana is legal in many states throughout the nation, it has not been permitted for long, and the effects of the legalization of marijuana have only recently begun to be apparent. For example, Washington reporters recently assessed the consequences of the legalization of marijuana and laws…
North Carolina recently called attention to a rare but notable condition that can affect DUI cases: auto-brewery syndrome. Although not many people suffer from the condition, it can cause unwarranted DUI arrests and convictions. While some courts throughout the country have been faced with the auto-brewery defense, it has not…
One of the many rights afforded to criminal defendants is the right to a trial by an impartial jury. Thus, prior to trial defense counsel and the prosecution will question potential jurors to assess whether they may be biased, and will challenge the selection of any impartial jurors. A recent…
Although most police officers are thoroughly trained in the signs of intoxication, their actions do not always comport with their training. For example, a woman in Phoenix, Arizona, was recently detained and charged with DUI despite the fact there was no evidence that she was intoxicated. The woman subsequently filed…
A recent DUI case arising out of Florida illustrates how a defendant can avoid a DUI conviction if the State fails to follow proper procedures for gathering and maintaining evidence. In that case, the defendant was only convicted of a misdemeanor DUI charge despite the prosecution’s wish to charge her…