News & Blog

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Will the Supreme Court Allow Criminal Penalties for Blood Test Refusals?

January 22, 2016 • DUI Defense

Police officers can stop drivers for traffic violations or probable cause if they suspect the motorist is impaired. When a law enforcement officer stops a motorist, he or she may want the defendant to undergo a blood test in order to determine if the motorist is too impaired to be behind the wheel.  In the 2013 case of Missouri v. McNeely, the Supreme Court issued a ruling protecting defendants from having their Fourth Amendment rights violated by law enforcement officers who want the drivers to take a blood test.  Unfortunately, some states are effectively trying to erode the protections in place for defendants and more cases are now before the Supreme Court.

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Some States Impose Harsher DUI Penalties

December 21, 2015 • DUI Defense

The offense of driving while impaired can result in criminal charges nationwide. However, the consequences can differ dramatically depending on the location where the drunk driving was alleged to occur. Each state sets its own laws to punish people convicted of drunk driving and some states are far harsher than others.

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Ignition Interlock Devices: Not a Long-Term Solution to DUI Prevention

December 7, 2015 • DUI Defense

In the state of Florida, a conviction for impaired driving can sometimes lead to a requirement that you install an ignition interlock device (IID) in your vehicle. An ignition interlock device can be embarrassing, a hassle to use and very costly. If you are facing the threat of an ignition interlock device, you should consult with a DUI defense attorney for assistance in finding ways to fight the charges and attempt to avoid this serious consequence.

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More Women Are Facing DUI Arrests

November 30, 2015 • DUI Defense

Drunk Driving Stats indicates that men are arrested for DUIs and convicted of drunk driving offenses far more frequently than their female counterparts. In 2010, for example, men accounted for four out of every five defendants who were facing DUI charges.  The highest-risk group -- men between the ages of 21 and 34 -- were singlehandedly responsible for at least 32 percent of all drunk driving episodes. Those who were considered binge drinkers were also in the so-called “high risk group.” Binge drinking was defined to include men consuming five alcohol beverages or more in a short period of time.  For females, however, binge drinking involved consuming only four alcoholic beverages in a short period.

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What to Do At a DUI Checkpoint

November 16, 2015 • DUI Defense

In State Police v. Sitz, 110 S.Ct. 2481 (1990), the constitutionality of DUI checkpoints was challenged on the basis of the Fourth Amendment. The argument was made that a forced checkpoint was a violation of privacy rights; however, the court disagreed. A three-point balancing test was used to determine if checkpoints were reasonable under the Fourth Amendment. Because the state had a strong interest in preventing DUI accidents and the checkpoints were a reasonable means of achieving that goal, and because the level of intrusion on privacy rights was minimal, DUI checkpoints were found to be constitutional.

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