If the police stop you on the road, there is a risk they might suspect you of driving under the influence of alcohol. Police will request drivers to perform field sobriety tests, which often involve tests of balance and coordination. In addition to field sobriety tests, you may also be asked to submit to a
In Tennessee, law enforcement has the legal authority to set up sobriety checkpoints. These are blocked areas of the road where every driver, or every few drivers, is stopped so officers can try to detect if the driver is intoxicated. If you are pulled over at a DUI checkpoint, however, you have rights and you
Last year, the U.S. Supreme Court ruled that, when a drunk driving suspect becomes unconscious, it creates “exigent circumstances” that make it unnecessary for the police to obtain a warrant for a blood test. This was after having found in a previous case that the police generally do need a warrant to obtain a blood
Yes, under the right circumstances. Breath testing machines are not magic. They can be broken, miscalibrated or operated incorrectly. If you think your breathalyzer test was unduly high, you should bring your concerns to an experienced DUI defense lawyer. Late last year, the New York Times published an investigation into how reliable breath testing machines actually are. The investigation
If you’re convicted of driving drunk in Tennessee, the court is likely to order you to install an ignition interlock device (IID) on your car. Much like a roadside breathalyzer test, an IID requires you to breathe into the device to get a reading on how much alcohol is in your breath. This is then
In the 2013 case of Missouri v. McNeely, the U.S. Supreme Court ruled that subjecting someone to a blood test, which involves a needle stick, is much more intrusive than subjecting them to a breath or urine test. Therefore, it is a more serious intrusion into the person’s Fourth Amendment rights against unreasonable searches and seizures.
At least 7,800 DUI and other cases involving blood tests could be in jeopardy in Houston alone after a recall of blood testing vials. The Houston Forensic Science Center announced recently that a small portion of a lot of 240,000 vials were manufactured without a required preservative that keeps blood from clotting in the vials.
An array of cameras and sensors in upcoming Volvo vehicles could allow the cars to detect drivers who are intoxicated or who seem to be driving erratically or distracted. If bad driving is detected, the vehicle could take action by slowing down, contact an assistance service or even pull over and park, the company said.
The Supreme Court of Georgia has just made an interesting ruling in the area of DUI. When someone refuses to take a preliminary breath test offered by police, that refusal cannot be used against them in the DUI trial. The justices reasoned that using a refusal against the driver would violate the Georgia Constitution’s protection
A DUI case in Texas was recently dismissed. The defendant performed well on a field sobriety test, but the police breathalyzer pegged him at well above the limit. According to his defense attorney, the reason was completely innocent: he was on the keto diet, and it had skewed his breathalyzer results. Low-carbohydrate diets like the