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…
In West Virginia, people often drive their ATVs on their own property after drinking a few beers. The West Virginia Supreme Court, however, struck down this common cultural practice in a decision last month. In a 4-1 opinion, the state high court ruled that the DMV can lawfully revoke driving…
A recent study suggests that blood tests are not an accurate method to measure whether an individual is driving while impaired by cannabis. The current legal blood levels can lead to impaired drivers going without punishment, while others are wrongfully convicted. The study was released last month by the AAA…
The Minnesota Supreme Court recently held the Fourth Amendment requires law enforcement to secure a warrant before requiring its citizens to submit to a blood or urine test, meaning Minnesotans can now lawfully refuse such a search when law enforcement doesn’t have a warrant. The Minnesota ACLU heralded the decision.…
At the close of Tennessee’s 59th special legislative session last month, the state legislature approved changes to a DUI law that did not comply with federal law. The federal government said the statute, unaltered, could cost Tennessee $60 million in federal funding. The Tennessee law was out of compliance with…
Illinois law is clear that the state need not prove impairment to convict a driver under the influence of drugs of aggravated DUI . The area of disagreement is whether the driver can offer evidence to counter the presumption of impairment. Last month, the issue was argued before the Illinois…