Facebook

Twitter

LinkedIn

 

driving while intoxicated Tag

The Science Behind Blood Alcohol Urine Tests

The Science Behind Blood Alcohol Urine Tests

Along with breath and blood tests, urine tests can be used by law enforcement officers to measure blood alcohol levels. Scientists have found that urine tests inaccurately measure concentrations of ethanol, but they do show whether alcohol is present. Urine tests can be unreliable for a number of other reasons, but law enforcement continues to use them as an alternative to the more typical breath and blood tests. Urine tests also can show the presence of other drugs besides alcohol. Like for blood testing, laboratories use gas chromatography-mass spectrometry (GC-MS) to detect ethanol levels in urine. Technicians run a sample through...

Continue reading

Public Defenders and DUIs

Public Defenders and DUIs

Imagine an unfortunate scenario: you are arrested for DUI and realize that there is no way you can afford a private attorney. Maybe you just lost your job, you are on public assistance, or you have been unemployed for a while. A DUI can seem like an insurmountable catastrophe in this situation, and you realize that you have no idea how to get a public defender. What next? The good news is that private attorneys are much more affordable for specialized criminal charges like DUI than most people think. Many attorneys charge flat fees or very reasonable hourly rates, or they...

Continue reading

New DUI Warranty Service: Will It Protect Drivers?

New DUI Warranty Service: Will It Protect Drivers?

A new DUI warranty service promises drivers a free attorney if they are arrested for a DUI, in exchange for a base fee. For attorneys who already defend drivers accused of driving under the influence, this promise raises many red flags. The DUI Warranty provides an attorney to represent a driver who paid the up-front, $20 fee and is later arrested for driving under the influence. There are a number of catches to this seemingly beneficial service, which advertises itself as “Option 2” – Option 1 being “don’t drink and drive”. First, the service is available only in the Oklahoma City...

Continue reading

Is Your Professional License at Risk Due to Your DUI Arrest?

Is Your Professional License at Risk Due to Your DUI Arrest?

Your professional license could be at risk due to your DUI arrest or conviction. Depending on your profession and the current rules of your professional licensing board, you may need to report your arrest or conviction. Alternatively, someone may report it anonymously or you may fail a pre-employment check or drug test. As a result, you may have no choice but to participate in extensive monitoring programs, take drug tests, and more. Professional licensing organizations for medical professionals take drinking or drug-related arrests particularly seriously. Nurses and doctors may face required diversion and discipline in their state. For example, in Oklahoma...

Continue reading

Immigration Status After a DUI Arrest

Immigration Status After a DUI Arrest

If you are not a natural-born citizen of the United States and you are arrested for DUI, you probably have questions about your immigration status. Being convicted for a crime while here on a visa or without papers can have a very serious effect on you. Before your criminal case moves forward, learn about your rights should you be convicted, and determine with the help of an attorney how to fight the charges against you. Visa Holders People who hold visas giving them permission to live and/or work in the United States could have their visas revoked for an arrest or conviction...

Continue reading

Travelling with a DUI on Your Record

Travelling with a DUI on Your Record

Travelling to other countries and even states could be difficult with a DUI on your criminal record. If you are planning a trip, research your destination to ensure that your travels will be smooth. Each country has its own laws relating to convictions for driving under the influence and other criminal convictions. Some are extremely strict and prohibit entry for certain people depending on their offense. For example, Canada is very strict on admitting people with DUIs, treating a DUI as a serious criminal offense. In all likelihood your DUI conviction will be considered more severe in Canada because the country...

Continue reading

Can You Be Arrested for Suspicion of DUI?

Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

Continue reading

Impaired Driving Elimination Act Violates Due Process, Court Says

Impaired Driving Elimination Act Violates Due Process, Court Says

The Oklahoma Supreme Court has declared that the newly enacted Impaired Driving Elimination Act is unconstitutional. Due to go into effect on November 1, 2017, the Act would have virtually eliminated the administrative hearing process for revocation of driver’s licenses, would have made refusal of a breath test illegal, and would have expanded use of ignition interlock devices. A group of Oklahoma attorneys challenged the Act in court last summer, and the court halted implementation of the Act while the legal challenge was pending. Just recently, the Oklahoma Supreme Court issued its ruling declaring that the Act violates due process and...

Continue reading

After the Court Case: What Next?

After the Court Case: What Next?

You worked hard to fight your DUI charges in court. Maybe you won, or maybe you lost and were found guilty. Maybe you are pursuing an appeal. Whatever the outcome, you may find that your life is very different than before your arrest. Sentencing If you were found guilty, the court will set a date for your sentencing. At the sentencing, the court decides which punishments to impose for your crimes. For example, the law may require a year in jail as a mandatory sentence but leave other punishment up to the court. In DUI cases, the laws often require some length...

Continue reading

Discrediting Eyewitness Testimony

Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here. Questioning About the Accuracy of a Witness’s Memory One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or...

Continue reading