Dan Jaffe

Dan Jaffe's reports on DUI news and law updates from around the world.

The new Missouri DWI laws are in effect as of August 28, 2010. House Bill 1695, signed by Governor Jay Nixon in June of this year, changed several provision of the laws. Many of the changes will have a direct impact on repeat offenders or those registering a high blood alcohol content (BAC) level by blood or breath tests. The new law includes many changes.

It creates a centralized reporting database to track all driving while impaired offenses, from arrest to disposition. It prevents municipal and city courts from hearing an intoxication related case if the offender has 2 or more intoxicated related offenses or 2 or more alcohol related offenses. It allows circuit courts to establish DWI courts to facilitate treatment for repeat offenders and drivers with high blood alcohol levels. These courts may work in conjunction with established drug courts to establish DWI treatment programs.


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Nobody disputes that driving under the influence of alcohol is dangerous. In fact, it's one of the most deadly crimes. You won't get any serious arguments from anybody that people should be allowed to drive while impaired. Nobody would dispute that you are far more likely to die at the hands of a DUI driver than at the hands of a serial killer or by gang violence.

The dispute is not about the problem of impaired driving, but rather about what to do about it. Every year, many states increase the jail time, fines and other penalties for DUI offenders. There is little evidence that increased punishment deters impaired driving. In fact, there's no conclusive evidence that suggests that the average would-be drunk driver even considers the penalties before turning on the ignition and hitting the road.


In 2008, an overwhelming majority of Michigan voters initiated legislation legalizing medical marijuana. Since then, the law has been tested in court with mixed results.

Of the ongoing battles, perhaps none exemplifies the issues better than that of a case being litigated by Michigan OWI attorney Mike Nichols.


A New Jersey court has ruled that involuntary exposure to chemicals that impair a person's ability to drive is not a defense to DWI. In the case of State v. Federico, the court decided that the defendant's conviction would stand despite his argument that exposure to workplace chemicals impaired his judgment.

New Jersey DWI Attorney Evan Levow scored a major victory for his client be getting his sentence reduced from 225 days in jail to 180 days.


Blood testing in Michigan drunk driving cases is under fire. In ongoing hearings, the state's chief toxicologist was on the witness stand. In ongoing hearings in Mason County, Attorney Mike Nichols has pointed out flaws in the way the state processes DUI blood tests.

In the latest hearing in the case, the chief toxicologist for the Michigan State Police admitted that there are errors in the process of testing blood samples, but the lab still hides the error rate.


Each year nearly every state tries to legislate tougher DWI laws to combat the ever-present reality that drunk drivers injure and kill tens of thousands of people every year.

A recent trend in many states is to require that first time DWI offenders install ignition interlock devices in their vehicles. An interlock device is an electronic device that prevents a vehicle from starting if the driver has alcohol on his or her breath.


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Mason County, MI - In an ongoing Michigan OWI case, the crime lab's chief toxicologist admitted that the crime lab does not take into consideration the margin of error when determining blood alcohol levels in drunk driving cases.

Attorney Mike Nichols has been arguing that the blood test results are unreliable.


A new Wisconsin OWI law mandating the installation of ignition interlock devices after certain Wisconsin drunk driving offenses is now in effect.

The new law requires breath test devices to be attached to the ignition of repeat OWI offenders, and offenders with extremely high alcohol levels.


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