Drugged driving is a growing public safety concern. According to the NHTSA, each year, as many as 16 percent of drivers pulled over during weekend nighttime—and 11 percent during weekend days—hours tested positive for drugs: illicit, over-the-counter, and prescription. Law enforcement officers are increasingly charged with being able to identify impaired drivers. Read More...

When a law enforcement officers witnesses a driver and has reason to suspect that s/he is intoxicated or under the influence of drugs, a DWI investigation commences. Said investigation must adhere to National Highway Traffic Safety Administration (NHTSA) protocols including three specific phases through which all DWI investigations proceed. Read More...

The news and literature are rife with data regarding the effects of alcohol intoxication and how they negatively impact one’s ability to drive. It is also well known that the amount of alcohol necessary to cause these effects—one’s tolerance—differs by person. Additional factors behind intoxication include the amount of food in one’s stomach, how quickly the alcohol was consumed, one’s sex, and one’s size. Because of these differences, lawmakers have come up with a blood alcohol concentration (BAC) measurement to assess whether someone is legally intoxicated. In the U.S., this legal limit is .08 percent of alcohol in one’s bloodstream (although Utah is considering lowering this to .05.) This is referred to as the per se level and is central to many DWI laws across the country. In other words, if an individual is caught driving and has a BAC of at least .08, s/he is considered guilty of DWI regardless of his/her actual impairment, if any. Read More...

Being convicted of a DWI can change several aspects of one’s life dramatically—from serving jail time, losing driving privileges, dealing with increased insurance rates, and potentially losing one’s vehicle, for example. People who are in the country illegally could face even more serious problems including possible deportation. Read More...

It is common knowledge that alcohol and drugs affect driving. I have already posted a piece on how alcohol affects the body, so now let’s explore other types and how they hinder one’s ability to drive safely. Read More...

Nearly everyone has seen those flashing red and blue lights in the rearview mirror and worried if they will be pulled over—for whatever reason. Making matters worse, you may realize that you had a couple of glasses of wine or beer with dinner and worry about whether that amount of alcohol would be enough to warrant a DWI charge. It is natural to panic; however, before working yourself up into a frenzy, pay heed to what you should—and shouldn’t do—if pulled over for suspected DWI. Read More...

Everyone can agree that DWI/DUI is a national problem, accounting for thousands of traffic-related deaths and injuries. In response, many states have strengthened laws related to DUIs, especially for repeat offenders. Read More...

Chemical field tests—those inexpensive test kits used to detect illegal drugs—have become a staple in the fight against drug crimes. These tests work when officers drop an unknown substance into a pouch of chemicals, and the telltale color changes identifies the presence of any controlled substance. Read More...

Body cameras are invaluable for protecting both police officers and citizens during non-routine encounters by providing a complete and unbiased recording of the situation. Body cameras are also valuable in DUI cases to protect officers from any constitutional violations, procedural mistakes, or other errors which can arise during a traffic stop. The footage helps DWI defense attorneys, jury members, and judges see and hear officer’s instructions when administering roadside sobriety tests, the demeanor and actions of the suspect, and other critical information. Finally, body cameras can also improve police-community relations and reduce police excessive use of force. Read More...

Back in October, the Minnesota Supreme Court reversed the DWI convictions of woman who was arrested on three separate occasions—in 2014 and 2015—for driving while under the influence of Dust-Off, a refrigerant-based propellant cleaner that contains difluoroethane (DFE) and which is commonly used to blow dirt and dust out of computer keyboards. However, it is also a common inhalant for people wishing to get high on DFE. Read More...