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- Felony DUIs in Colorado Mean You're Going to Jail
In 2015, Colorado passed a law which made a fourth DUI or more a felony offense. By definition, a felony is a crime in which the sentence includes the possibility of prison time. In this case, a felony DUI is punishable by 2 to 6 years in prison. However, despite the seriousness of this mandate, many of those convicted for felony DUI have only received probationary sentences or nominal jail time.
- Implied Consent Law after Drunk Driving Arrest Confuses & Confounds Drivers; Loss of Driver License
Every person who gets a driver's license in America is subject to having his or her driving privileges taken, if he or she refuses to take the State-Administered Breathalyzer Test. Even for those who take the breath alcohol test following DUI-DWI arrest, some loss of driving privileges is common.
- Romberg Test DUI Results Used by Police Have Never Been Proven to Reliably Identify Drug Impairment
Named after a 19th-century neurologist, the Romberg test is used to evaluate medical patients to see if they have “normal” balance while simply standing in a certain manner.
- Explaining the Difference between Indictable Crimes and Disorderly Persons Offenses in New Jersey
In New Jersey, violations of the state’s criminal code can be of the more serious variety – indictable crimes – or the less serious variety – disorderly persons and petty disorderly persons offenses. These types offenses are differentiated by the type and severity of the act itself, and the circumstances surrounding it.
- Being a Habitual Traffic Offender in Colorado Requires Mandatory Jail Time
Driving with a revoked license comes with this fatal consequence- mandatory jail sentence. A traffic defense attorney can even challenge this sentence and identify other weaknesses in the case to suppress evidence or dismiss the case entirely.
- Should Older People Be Barred from Driving?
Utah recently passed a bill to lower the per se limit for DUI from .08, the national standard, to .05. The state argued that numerous studies indicate this would increase safety.
- Georgia DUI Laws Punish DUI-Drugs More Harshly, So DUI-Marijuana Cases Must Be Fought
Most people know that possession of more than an ounce of marijuana—a Schedule I controlled substance—is a felony. But, even when no marijuana is present in your pockets or vehicle, driving under the influence of marijuana is DUI-Drugs can bring more severe punishment and driver's license loss.
- Georgia Drunk Driving Law Now Offers Some Georgia Licensees an Ignition Interlock Option for DUI Refusal
For the first time in Georgia DUI history, a person who has refused to take a post-arrest forensic test of breath, blood or urine can get an ignition interlock device for 12 months, and avoid the draconian impact of a total 1 year suspension of all driving privileges.
- Cross-Examine Blood Draw Witnesses: Quick-and-Dirty Phlebotomy Basics
The criminal DWI defense lawyer must know how to cross-examine the prosecutor's blood draw witness. Some phlebotomy basics will help get you started.
- Using SFST Validation Studies in Your Next DWI Trial
DWI defense attorneys can use the Standardized Field Sobriety Test studies to impeach the reliability of the tests. Here are some tips for the criminal defense lawyer's next DWI trial.