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October 2016 Archives

Can you be charged with a DUI for past conduct?

Imagine this scenario; you were out drinking with your friends last night. It was a boozy night, but you were responsible and took a taxi home. Now you are heading out early in the morning to work, and you get pulled over. Theoretically, some alcohol could still be present in your system, so the question is, can you be charged with a DUI? Is there a time-limit that stops officers from "reaching" too far back in time?

DUIs and Immigration, what happens? Part 1

A DUI occurs when you are arrested and charged with an allegation that you were operating a vehicle while under the influence of alcohol or drugs. Usually, this happens when an officer pulls you over for suspicious behavior and administers a Breathalyzer or field sobriety test (or sometimes both).

What to expect from a field sobriety test

When you're pulled over and a police officer suspects you of drunk driving, he or she may administer a field sobriety test. Depending on the results, you may be sent on your way or you may be facing DUI charges. We've all seen them on TV and in the movies but what exactly are they and how do they work?

When can an officer arrest you?

The police must adhere to strict procedures and laws when they arrest someone. An arrest is considered an extreme invasion of a person's liberty, therefore, the government must have an excellent reason to do it. Failure to observe these rules could result in the exclusion of evidence gathered as a consequence of the unlawful arrest or even release from custody. This post will go over the situations in which drunk driving could result in each of these scenarios.

Challenging a field sobriety test, Part 2

You may think that failing a field sobriety test sealed your fate. You were done and subject to prosecution. But failing the field sobriety test is only the beginning. As discussed in a previous post, there are numerous ways to challenge the validity of a field sobriety test. The accuracy of the test relies on the officer accurately recording the results and administering the tests. This post will go over the other ways you can challenge the results from a field sobriety test.

ADHD and failing the field sobriety test

Often in a police report, the officer will note if a person was fidgety, interrupted the officer, began the test too early or made careless mistakes. Many courts interpret these notes as evidence of intoxication but what if they were merely indications of another issue? It isn't up to you to accept the police officer's version of the events; it is up to the prosecution to establish them.

Law professor warns people, don't speak to police

When you are confronted with a police officer, a typical reaction is to start talking and sharing your story. Hardly anybody believes they committed a crime or did anything wrong, so most people believe that all they need to do is clear up the misunderstanding with the officer. Unfortunately, this approach usually results in an arrest and possible jail time.

The four "Alcohol Crimes"

There are four basic "alcohol" crimes, public intoxication, open container, contributing to the delinquency of a minor, and minor in possession. For minors, these charges can carry steep consequences, including a suspended license or impact their chances of getting into college. This post will address each crime in turn.