I often get calls from those who BAC was less than than the magic “.08″ Thus, they exclaim that they want to sue the police because clearly they were not guilty of DUI and the state is violating their constitutional rights. Don’t you love what the public learns from tv shows.
In Alabama, the police can [...]
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“I blew .07 so they can’t find me guilty!!” Not True.
What do Standardized Field Sobriety Tests (SFST) prove about whether someone is drunk? Maybe Nothing.
Standardized Field Sobriety Tests (SFST) are better known by the public as roadside tests given to people pulled over for suspicion of drunk driving. They include the walk and turn, one leg stand, etc. Law enforcement use them to establish probable cause for arrest and prosecutors attempt to use them as evidence to prove guilt [...]
Montana Appellate Court Reverses DUI Conviction based on Bar Fight Evidence Excluded
There are a few defenses to DUI that don’t get used too often and “compulsion” is one of them. A Montana statute allows someone to break the law to avoid serious harm or death. A woman raised the defense of compulsion to avoid serious harm or death from a bar fight after being charged with [...]
What NOT to say when you get pulled over for suspicion of DUI
Throughout the years I have advised, and even written on this blog, that a person will not likely talk their way out of being arrested for DUI. Thus, you need not make any admission or provide any ammunition for the prosecution. Well, an Indiana man provides a perfect example of what NOT to say.
According to [...]
After Not Guilty Verdict Jury Polled and Defendant Gets Convicted
After a jury announces a guilty verdict, criminal defense lawyer ask the judge to poll the jury. This means each individual juror announces in open court that guilty is his/her verdict. If the defendant is found not guilty the prosecutor repeats the same process. However, the ABA Journal reports that a jury announced a not [...]
1200 DUI Convictions thrown out due to falsified machine inspections
Alcohol Breath Machines have to be inspected to to determine whether they are working properly. From 2002 until 2008 in Harris County an inspector falsely certified the inspections without looking at the machines. According to the Houston Chronicle, the inspector pled guilty to a felony and up to 1200 DWI convictions will be tossed.
This is [...]
Failure to draw blood for DUI lands nurse in handcuffs
The Chicago Sun Times reports that a nurse was handcuffed for failing to draw blood from a person suspected of being intoxicated and later arrested for felony aggravated DUI. The suspect was involved in a fatal accident. The nurse refused to draw the blood until the patient/defendant was actually admitted to the hospital. The police [...]
WATCH ACTUAL VIDEO OF FIELD SOBREITY TESTS AND COMPARE TO POLICE REPORT
I have previously posted about how most police officers have drivers failing Field Sobriety Tests (FST) regardless of how a driver performs. Click here to watch this video from a mounted camera of an officer administering the FST. Now click here and read the police report filed. It is amazing. The officer actually has the [...]
Criminal Punishment in Alabama for DUI
Criminal Punishment
Alabama DUI penalties have increased dramatically over the years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI or drunk driving convictions.
The first DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence [...]
Police now want to draw blood at the scene without a warrant
Be warned. A movement wants police officers to be able to draw blood when they have reasonable suspicion a driver is legally impaired without a search warrant. The New York Times reports that a federally funded program provides police officers training in Texas and Idaho so they can FORCIBLY draw blood at the scene when [...]