DUI News Roundup: Inadmissible Breath Tests and Lack of Probable Cause
We feature a case that was dropped because the officer lacked probable cause, and two cases in which the breath test results were ruled inadmissible.
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Dui And Dwi Articles
DUI Process
A good DUI attorney knows what to expect from the local judicial system. If you have been charged with drunk driving, find out what happens during each stage of your DUI case, then use LawyerShop's state-wide attorney directory to find a criminal defense lawyer in your state.
DUI FAQs
DUI stands for driving under the influence. Some states use the term DWI, driving while intoxicated, instead of DUI. Their meanings are identical: they refer to a person driving while impaired by alcohol or drugs. Read frequently asked questions about DUI cases for more information.
DUI Sentencing
Besides prior DUI convictions, other circumstances factor into DUI punishments. State laws, local policy, and evidence all play a role in sentencing for DUI cases.
DUI News Round-up: Three DUI Cases Are Resolved
In this DUI news round-up, we review Miguel Cabrera's DUI plea deal, and take a closer look at two cases in which the DUI charges were dropped.
DUI News Roundup: Charges Dropped in Three DUI Cases
In this DUI news roundup, we take a closer look at the DUI cases involving a high school principal, Nickelodeon actor, and manager at a local Alabama newspaper.
Inaccurate Breath Testing Results Dropped as Evidence in 100 Florida DUI Cases
Florida prosecutors have decided that the breath test results in about 100 pending DUI cases will not be included as evidence after it was revealed that faulty devices were producing inaccurate measurements.
Police Oppose New Bill Proposal Aiming to Limit Scope of DUI Checkpoints
A new bill proposed in the state of California that would require advanced notice of DUI checkpoints and limit punishments for unlicensed drivers is facing criticism from police agencies.
Motorcyclist Awarded $3.85 Million in Crash Suit
A former Marine has been awarded a $3.85 million settlement in his motorcycle accident case.
Chicago Sportscaster's DUI Charge Is Dismissed
The DUI charge against former NFL running back Mike Adamle and current Chicago sportscaster has been dismissed; a blood alcohol test showed that he was well under the legal limit set for driving while under the influence of alcohol.
Washington State DUI Impound Law Takes Effect
Washington State's DUI impound law went into effect last Friday, requiring police officers to tow vehicles driven by those that are cited for drunk driving.
Nate Montana's DUI Charge Dropped; Pleads Guilty to Reckless Driving
The drunk driving charge against University of Montana quarterback Nate Montana, son of Hall of Fame quarterback Joe Montana, has been dropped; instead, the 21-year-old pleaded guilty to the reduced charge of reckless driving.
DUI Penalties
Driving under the influence (DUI) or driving while intoxicated (DWI) laws are meant to prevent people from operating a motor vehicle while impaired by alcohol or drugs. If you have been charged with drunk driving, a DUI/DWI defense lawyer can assist you with your case.
Your Rights in a DUI Case
Individuals who are stopped for suspicion of drunk driving are often unaware of their rights. DUI/DWI defense lawyers are well-versed in the laws surrounding drunk driving cases and may be able to assist you in getting your case dismissed. Learn more about your rights.
Most Common Traffic Violations
Many drivers break the rules of the road because they are in a hurry or not paying attention to what they are doing. Here is a list of some of the most common traffic violations.
DUI/DWI Evidence
If you are stopped for suspicion of driving under the influence, the police officer must have sufficient evidence to move forward with the drunk driving case. Experienced DUI/DWI defense attorneys can review your case and advise you of your legal options.
Judge Dismisses DUI Charge; Rules Woman Was too Old for Field Sobriety Test
A Pennsylvania judge dismissed an Ohio woman's drunk driving charge, ruling that she was too old to take a field sobriety test.
Nebraska Man Arrested for 5th DUI Minutes after Hearing for 4th DUI
A Nebraska man was arrested for the fifth time on suspicion of drunken driving within minutes of leaving a hearing for his fourth drunken driving arrest.
19th DUI Conviction Sends California Man to Prison for 18 Months
A California man will spend 18 months in prison for violating the terms of probation for his 19th DUI conviction by having alcohol in his house.
In DUI Stop, Best Course is Cooperation without Incrimination
If you’re pulled over on suspicion of driving under the influence, your actions in the first few minutes can have a significant impact on the outcome of the stop.
Singer Faith Evans Gets 3 Years’ Probation, $300 Fine in DUI Arrest
Singer Faith Evans was sentenced recently to three years’ probation, after pleading no contest to misdemeanor reckless driving involving alcohol.
Cost of DUI Arrest, Conviction Higher than Most People Realize
If you drink and drive, even if you’re lucky enough not to cause an accident, you still risk severe damage to your financial security.
Police in California City Consider Listing DUI Suspects on Facebook Page
At the request of a city councilmember, the police department in a Southern California city is considering listing those arrested for drunken driving on its Facebook page.
Drivers Can Expect DUI Checkpoints over Thanksgiving Weekend
It may be a little early to know if police in your community will set up DUI checkpoints for the coming Thanksgiving weekend, but, if history is an indicator, the chances are they will.
DUI Conviction Means Higher Cost for Auto Insurance
A conviction for driving under the influence will increase your car insurance premiums and could reduce the amount of coverage available to you.
Vince Neil of Mötley Crüe Pleads Not Guilty to DUI, Speeding Charges
Singer Vince Neil of Mötley Crüe entered a plea of not guilty to misdemeanor drunken driving and speeding charges this week in Las Vegas.
DUI Charges against California Undersheriff Dropped After Blood Retest
Drunken driving charges against an undersheriff were dropped because a retest showed the defendant’s blood alcohol concentration (BAC) was below the legal limit.
Hyundai to Pay Family of Motorcyclist Killed by Executive in DUI Crash
Hyundai reached a financial settlement last week with the family of a motorcyclist killed in a hit-and-run collision caused by a Hyundai executive who was driving drunk after a company event.
Seattle Judges Reinstate Breath Tests in County DUI Prosecutions
Breath tests can once again be used as evidence in the prosecution of drunken driving cases in the county that includes Seattle, Wash., according to a ruling by a panel of three King County District Court judges.
Kentucky Court Gets Appeal in DUI Acquittal Based on Breath Test Burp
The Kentucky Supreme Court should decide by the end of the year if a judge had the right to decide that a burp was sufficient to invalidate an alcohol breath test in a drunken driving case.
Vehicle Crashes Ranked as Leading Cause of Teenage Deaths by CDC
According to the Centers for Disease Control and Prevention (CDC), one in every three teenage deaths is caused by a motor vehicle crash.
SC Mayor Plea Bargains DUI Charge Down to Speeding Conviction
Drunken driving charges against the mayor of a small South Carolina coastal town were dropped recently in exchange for a guilty plea to a speeding charge.
DUI Arrest is Third for Rocker Vince Neil, Once Charged in Fatal Crash
Vince Neil, lead singer for the rock group Mötley Crüe, was arrested last month in Las Vegas for driving under the influence (DUI), shortly after declaring his sobriety.
Probation Violation Gets Lindsay Lohan 90 Days in Jail, 90 Days in Rehab
Actress Lindsay Lohan was sentenced this week to spend 90 days in jail, followed by 90 days in a residential rehabilitation center, for violating terms of her probation for a 2007 drunken driving conviction by failing to attend several alcohol-abuse counseling sessions.
Major Summer Holidays Result in Extra DUI Checkpoints
Summertime is party time. With picnics, backyard barbeques, block parties, and three major holidays, it’s a natural. It’s also a time of year when law enforcement agencies try to discourage drunk driving by setting up DUI checkpoints.
Three’s Company Star Joyce DeWitt Gets Probation for DUI Conviction
Former sitcom star Joyce DeWitt has been sentenced to three years’ probation and a nine-month alcohol education program after pleading no contest to a drunk-driving charge in Los Angeles County Superior Court.
Judge Refuses Lindsay Lohan’s Request to Leave Town for Movie Set
Lindsay Lohan’s plans to make a movie in Texas were put on hold this week when a Los Angeles County Superior Court judge refused a request to ease the terms of the celebrity’s probation for driving under the influence.
Grand-Am Driver Reinstated after Daytona Beach DUI Charges Dropped
Grand-Am Road Racing driver J.C. France, grandson of NASCAR founder Bill France, Sr., was reinstated last month for the Rolex Series after a five-month suspension resulting from his arrest by Daytona Beach police for driving under the influence (DUI) and narcotics possession.
Improper Arrest, Testing Among Reasons DUI Cases Are Dropped
Not everyone who is arrested on suspicion of driving under the influence (DUI) is convicted, or even prosecuted. As with all legal proceedings, a DUI case must be conducted according to applicable procedures and evidentiary standards. There are many things that can go wrong for the prosecution.
DUI Charges Dropped; Former Playboy Centerfold Pays $100 Fine
Chicago prosecutors dropped drunk-driving charges last month against a former Playboy magazine centerfold model who subsequently paid a $100 fine for running a red light.
Wisconsin Drunk Driving Laws
The punishment for operating a motor vehicle while intoxicated (OWI) in Wisconsin doubles if a child under 16 is in the offender’s car at the time of arrest.
Washington Drunk Driving Laws
Those convicted of driving under the influence (DUI) in the state of Washington may be subject to electronically monitored house arrest in lieu of serving time in jail.
Virginia Drunk Driving Laws
In the state of Virginia, if the courts don’t require an ignition interlock device (IID) for a repeat drunk driver, the Department of Motor Vehicles (DMV) will.
Tennessee Drunk Driving Laws
In Tennessee, a conviction for driving drunk with a child under 18 in the car adds $1,000 and 30 days in jail to the offender’s punishment. If the child is seriously injured or killed the offense is considered a felony.
South Carolina Drunk Driving Laws
For convicted drunk drivers in South Carolina, the level of punishment is determined by the level of drunkenness. State law specifies three categories of blood alcohol concentration (BAC) and three levels of punishment to go with them.
Pennsylvania Drunk Driving Laws
The level of punishment for drunk driving in Pennsylvania is based not only on how many times an offender has been convicted, but also on a three-tiered classification of how drunk the offender was at the time of arrest.
North Carolina Drunk Driving Laws
North Carolina courts have a wide range of punishment options for convicted drunk drivers, based on a system of mitigating, aggravating, and grossly aggravating factors.
Missouri Drunk Driving Laws
In hopes of continuing a downward trend of arrests for driving while intoxicated (DWI), the state of Missouri has added installation of an ignition interlock device (IID) as a possible punishment for first-time offenders.
Minnesota Drunk Driving Laws
Minnesota has extended its use of the ignition interlock device (IID) as a deterrent to repeat driving while intoxicated (DWI) offenses.
Michigan Drunk Driving Laws
In the state of Michigan, a driver doesn’t have to fail a blood test to be punished for impaired driving. Michigan law not only recognizes operating while intoxicated (OWI), but also operating while visibly impaired (OWVI).
Maryland DUI Laws
The state of Maryland has given the courts some extra weapons in the fight against drunk driving.
Ohio DUI Laws
In addition to the usual punishments used in other states, Ohio adds the options of house arrest and vehicle forfeiture for drunk driving.
New Jersey DUI Statistics
Being convicted of driving while intoxicated (DWI) in New Jersey can cost a lot more than in most other states.
DUI Charges against Deadliest Catch Star Dropped
DUI charges against one of the stars of the Discovery Channel's reality series Deadliest Catch have been dropped.
Constitutional Rights Suspended to Allow DUI Checkpoints
If the Fourth Amendment to the Constitution forbids “unreasonable searches and seizures,” how is it that law enforcement agencies can set up DUI (sobriety) checkpoints?
Massachusetts DUI Laws
Unlike most states, Massachusetts does not make any allowances for time elapsed since a previous conviction for operating a motor vehicle under the influence (OUI) when deciding punishment for a current conviction.
Botched Breath Test Forces Kansas Prosecutor to Drop DUI Charge
An improperly calibrated breath testing device forced the Galena, Kan., city attorney to drop a driving under the influence (DUI) charge against the Pittsburg (Kansas) State University athletic director.
Indiana DUI Statistics
After a significant decline in 2006, arrests for driving under the influence (DUI) in Indiana edged back up in 2007 and 2008, but are still below 2004 and 2005 levels.
Georgia DUI Statistics
To cope with motorists driving under the influence (DUI), the state of Georgia has started a program of increased vigilance during holiday periods, when drunk drivers make the roads most dangerous.
Colorado DUI Statistics
After two successive years of decline, the number of arrests in Colorado for driving under the influence (DUI) rose in 2008, but only by about one-third of 1 percent.
Arizona DUI Statistics
After declining in 2005 from the previous year, arrests in Arizona for driving under the influence (DUI) increased slowly but steadily over the next three years.
Alabama DUI Statistics
Arrests for driving under the influence (DUI) in Alabama rose by just under 10 percent per year in 2007 and again in 2008, after falling by nearly three percent in 2006.
Illinois DUI Statistics
Illinois experienced a slight decrease of 1.13 percent in arrests for driving under the influence (DUI) from 2005 to 2007, according to the 2009 Illinois DUI Fact Book.
New York DWI Statistics
Arrests for driving while intoxicated (DWI) in the state of New York in 2008 were down by 3 percent from the previous year, after going up for each of the five previous years, according to the state's Division of Criminal Justice Services (DCJS) adult arrest records.
Texas DUI Statistics
Arrests for driving under the influence (DUI) declined slightly in Texas in 2008, compared to the previous year.
California DUI Statistics
Traffic fatalities in California caused by driving under the influence (DUI) of drugs have risen sharply in recent years, while those caused by alcohol have increased at a much slower pace.
State DUI Statistics and Laws
A DUI defense lawyer will represent your interests and may be able to get your charges dismissed or help you obtain a lighter sentence. If you have been charged with a DUI, contact a criminal defense attorney today.
NY Makes DWI with Child in Vehicle a Felony, Adopts Ignition Locks
Spurred by two tragic fatal accidents, New York State last week made driving while intoxicated (DWI) with a child in the vehicle a felony offense.
Sen. John Kerry's Daughter Escapes Charges after DUI Arrest
The Los Angeles City Attorney's Office will not file charges against Sen. John Kerry's daughter, who was arrested and booked for driving under the influence (DUI) in Hollywood.
College Students at High Risk for DUI
College campus culture can lead to a high incidence of students driving under the influence (DUI) of alcohol and illicit drugs, according to the results of several studies conducted in recent years.
Mel Gibson's 2006 DUI Conviction Expunged from Record
Mel Gibson's infamous 2006 drunk driving arrest may be in the public memory for years to come, but it won't be in the public record, thanks to a judge's recent order to expunge it.
New Laws to Increase Ignition Lock Use against Drunk Driving
New California laws will expand use of ignition interlock devices (IIDs) in the cars of convicted drunk drivers.
Ignition Interlock Device Designed to Prevent Drunk Driving
Ignition interlock devices can be installed in the cars/vehicles of DUI offenders to check their blood alcohol levels via a breath test before they can start or while driving their vehicles.
Actress Lori Petty to Serve Five Years Probation for DUI
Actress Lori Petty, star of Tank Girl and A League of Their Own, pleaded no contest to a misdemeanor DUI charge at the Los Angeles County Superior Court. Under Petty’s plea deal, she will attend AA meetings, pay fines, and receive outpatient treatment.
“Three’s Company” Star Joyce DeWitt Arrested for DUI
“Three’s Company” star Joyce DeWitt was arrested on July 4 in El Segundo, California for DUI. Police pulled DeWitt over when she drove past a barricade and booked her when she failed field sobriety tests. DeWitt was released on $5,000 bail.