It’s crucial to know what you should say during a traffic stop if you’ve been drinking. It’s not always illegal to drink and drive. That’s why bars have parking spots outside of them. It is perfectly legal to have a drink, then go outside and get behind the wheel. However, you should not be under the […]
DUI Defense
Types of DUI Safe Harbor Laws
Understanding DUI Safe Harbor Laws There are two types of DUI safe harbor laws. The modern trend is against both, but be sure to check the laws of your jurisdiction for applicability. The first type protects people who wish to use their vehicle as a “shelter”. Defined as those who began to drive then pulled off […]
DUI Blood Samples Lab Analysis
The crime lab analysis of DUI blood samples is critical to your DUI case. From the accreditation of the lab, preparation of the samples and the instruments used in testing, there are numerous potential pitfalls. Below you will find a brief overview of the different ways blood samples analyzed in DUI cases. Different DUI Blood […]
Chain of Custody DUI Blood Test
For DUI blood test results to have any evidence value in court. To clarify and completely understand, prosecutors should follow the chain of custody. How the Prosecution Lays Out the Chain of Custody (DUI blood test) The prosecution must lay a proper foundation in order to admit the DUI blood test results in court. For […]
Process of Jury Selection in DUI Cases
DUI case jury selection Most DUI attorneys will agree that the process of jury selection in DUI Cases may be the single most important aspect of the DUI trial process. Relative to the case, no matter how good presented or how bad the prosecutor screws it up. If the jury has people biased against anybody […]
DUI Trial Process Explained from Motions to Appeals
The DUI trial process varies from court to court, the following is a typical DUI jury trial beginning with motions and ending with appeals. Motions Motions in Limine and “housekeeping” items: The first thing that typically takes place is a discussion, typically on the record, about the ground rules of the DUI trial. Basic parameters […]
Arrest Statements and Issues in Court
It doesn’t matter how good your DUI attorney does at picking apart the police officers’ testimony and the chemical evidence. If the state introduces your arrest statements that you made into evidence, this makes you look guilty. You will need strategies for using issues surrounding your DUI arrest statements to police officers. Arrest statements and […]
Independent Chemical Test after a DUI
What is an independent chemical test in a DUI case If you receive DUI, most circumstances you have right to get an independent chemical test to determine blood alcohol content. This test can be used to negate or contradict the State’s test if the result is different. An independent chemical test means the test is […]
Lack of Reasonable Suspicion DUI
Understanding reasonable suspicion with DUI If an officer wants to stop you, they must have “reasonable suspicion” that you either broke a traffic law, or that you are engaged in criminal activity. A “bad” DUI stop is when that officer has lack of reasonable suspicion and stops you for a DUI anyway. In the vast […]
Factors That May Increase Your DUI Penalties
Listed below are key factors that may increase your DUI penalties, boost your DUI charge up from a misdemeanor to a felony, or add charges filed against you. This is not a complete and exhaustive list, however, be sure to check your local laws and consult with an experienced DUI attorney in your state, city, […]
The Challenges of Drug DUI Case Laws
The Challenges of Drug DUI Case Laws Every state, as well as District of Columbia, has enacted some form of drug DUI case laws making it illegal to drive a vehicle under the influence of drugs. The statutes themselves vary significantly from jurisdiction to jurisdiction. Generally DUID (Driving Under the Influence of Drugs) statutes make […]
DUI Reasonable Suspicion of Impaired Driving
Police guidelines for DUI reasonable suspicion of impaired driving or probable cause for a DUI stop are determined by the NHTSA (National Highway Traffic Safety Administrator). There are three main phases for police officers to observe when apprehending and processing person for DUI reasonable suspicion. This article covers phase one. Pursuant to the 4th Amendment […]