Criminal Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Criminal Law.


Why You Should Always Refuse Roadside Sobriety Tests

Virtually any time you are stopped and investigated for suspicion of DUI, the officer is going to ask you if you would be willing to perform Standard Field Sobriety Tests, otherwise known as Roadside Maneuvers.

Medical Marijuana Allowed While on Probation

On May 8th, Governor Hickenlooper signed House Bill 1267 into law, which concerns the use of medical marijuana while an individual is on probation.

Employee Fired for Medical Marijuana Use

Yesterday, the Colorado Supreme Court ruled that employees can be fired for using medical marijuana when they are off the clock.

Do I Have the Right to Sue a Doctor Who Wrongfully Accused Me of Child Abuse?

  By HG.org
Being accused of child abuse can be distressing for a parent, especially when it could not be further from the truth. Even if a criminal investigation clears the parent from any suspicion, the damage to the parent’s reputation may continue to linger. However, in the majority of cases, the wrongfully accused parent does not have the right to sue or receive financial recovery from a doctor who makes a report of child abuse that later turns out to be false.

Crime and Punishment and Facebook

Not long ago the Internet blew up over the killing of Cecil the lion, a 13-year-old lion living in a Zimbabwean preserve, by an American dentist named Walter Palmer.

Obama Commutes Demaryius Thomas’ Mom’s Sentence

“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama

Jury Nullification

Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.

Why Education is the Best Weapon Against Drunk Driving in Texas

Texas has more fatal car accidents involving alcohol than any other state. An approach focused on punishment and not education has not been effective in reducing the statistics.

Filing a False Police Report

  By HG.org
Filing a false police report is a crime under federal and state laws. However, the elements necessary to prove this crime and the severity of it vary by jurisdiction.

Are We Able to Smoke Pot in Public in Colorado Yet?

The short answer at this point is no. While an initiative was introduced earlier this year to permit public smoking in certain areas, activists just announced they are pulling the initiative from the ballot and seeking a more collaborative effort between themselves and local businesses in Denver.

Smoking the Peace Pipe in South Dakota

A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.

Philippines: RA 9262 Extends to Parents in Laws

In the case of Sharica Mari Go-Tan v. Spouses Perfecto and Juanita Tan, G. R. No. 168852, September 30, 2008, the Supreme Court of The Philippines held that parents in laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.

Denver Releases Police Body Worn Camera Proposal

The city of Denver has completed a six month study concerning the use of body cameras on police and they have created and released a draft policy to the public.

Statutes of Limitations and Sexual Assault

The sexual assault allegations against Bill Cosby have focused attention on statutes of limitations for cases involving rape, and whether or not they should exist at all.

How to Sue for Damages Resulting from Perjury

  By HG.org
Many people have experienced this situation: in a hotly contested legal dispute, a witness lies on the stand to help out the other side. As a litigant, this can be one of the most frustrating experiences imaginable, and can literally destroy an otherwise solid case. So, is there any legal recourse against the witness that commits the perjury?

Leaving the Scene of an Accident - Hit & Run Offenses in Florida

When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.

Tragic End to Child Abuse Case

The recent case of a three year old Broward County, Florida boy, has brought national attention to the flaws throughout the countries child protection services. In this tragic recent case, the body of a three year old child was found dead in the laundry room of his father’s house with his body covered in bruises and cuts, reflecting long term abuse of this child.

Stiff Fines and Penalties for Road Rage

Cameras are always rolling in Hollywood, and recently they captured real-life drama between two motorists.

Issues with the Amber Alert System

The Amber Alert System was created in 1996 after the abduction of nine-year-old Amber Hagerman in Texas.

Which supplier is More Reliable in China? – From the Eyes of a Chinese Lawyer

How to choose a reliable Chinese supplier in international trade business, for foreign merchants.

What Is the Time Limitation for Taking a Child Out of the Country?

  By HG.org
Family law cases can often be emotionally straining. Sometimes, one parent is given primary custody at the objection of the other parent. The non-custodial parent may attempt to become the primary custodian by removing the child from the state or country, making it more difficult for the other parent to find him or her and to enforce the order.

How Does Parole Work?

Parole is a complex system in the penal system that allows convicted prisoners to start a new life with supervision. Historically, the term parole meant by voice or by your word, and that is exactly what it is today. A person on parole is still serving their sentence, but they are allowed to live on the outside, provided they follow specific rules. The rules for parole change from state to state, behavior of the inmate, and the severity of the charge.

Buying a Car? Be Aware of Spot Delivery Scam

  By HG.org
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.

Inaccuracy in Georgia Breathalyzers

What Can Interfere with Breath Testing?

Errors that Can Lead to Raider Seizure in the Ukraine

Today it is not a secret that the "raider / unlawful seizures" have become the norm and rather the rule of doing business than the exception to the rule, and both domestic enterprises and large foreign investors are suffering from unlawful seizures. What can be attributed to the notion of "raider seizure". Raider seizure - unlawful seizure of real estate, corporate law, intellectual property by other economic entities, physical entities and public authorities.

Understanding Drug Crimes and Possession of Marijuana in Boise, Idaho

The simplest drug crime is possession of a controlled substance, like marijuana. In order to convict, a prosecutor must show that the accused did more than just touch the drug. One conviction was reversed when the defendant said that he had touched the heroin only long enough to throw it away. He had found it in a friend's pocket before taking him for emergency medical treatment.

How The Government Can Take Your Property

A new bill has been introduced to end forfeiture funding of the DEA’s Marijuana Suppression programs. The bill is a bipartisan effort to modify was has become a widely abused system of asset forfeiture from innocent citizens, who in many cases have not even been charged with any crimes.

When Guests Overstay Their Welcome, How Can You Get Them Out of Your Apartment?

  By HG.org
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected. When this happens, what can you do to get your pesky house guest to leave? Does the law offer any solutions?

The Power of a Name as a Registered Trademark in Sports

Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.

Yemeni Bribery & Anti-Corruption Laws & Facilitating Payments in Practice

An overview of the current legal framework regarding bribery and anti-corruption in Yemen followed by a discussion of the practical implications of the framework with respect to the payment of facilitating payments. Criminal code No. 12 of 1994 is a general Law addressing all matter related to crime and punishment. A more specific Law addressing bribery and anti corruption was issued in 2006, namely the Anti Corruption Law.

Can I Get My Name Removed from an Offender List?

  By HG.org
If a person commits certain sexual crimes in North Carolina, his or her name can be added to a sex offender registry. Being added to this list requires the convicted individual to register his or her name, address and other information so that his or her whereabouts are known by the public and law enforcement.

Hidden Provisions at the Dealership - Is This a Case of Consumer Fraud?

  By HG.org
Some auto dealerships have developed a bad reputation for committing fraudulent acts or attempting to trick their customers into making purchases that include hidden provisions. Auto dealerships must comply with a number of state and federal laws pertaining to entering into sales contracts with buyers.

What Happens if I Write a Bad Check?

  By HG.org
Through a simple arithmetic error or forgetting to jot down a check that you sent, you may wind up being criminally prosecuted and paying hefty fines. A bad check is one in which there are insufficient funds in order to cover the amount of the check. It can also be because the check is written on an account that no longer exists.

What Is Your Liability If Someone Hacks Your PC and Uses Information for Criminal Purposes?

  By HG.org
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.

Federal Minor Role is Major

Much of my practice deals with defending individuals who import methamphetamine into the United States. Anyone who has practiced federal criminal law knows that the penalties are daunting. In many case a defendant would receive less time for attempting to escape and running over and seriously injuring a custom’s agent than for the charge of importation of methamphetamine.

Entrapment

  By HG.org
When a law enforcement officer helps to influence an individual to attempt to commit a crime, the criminal defendant may wonder if the officer’s conduct rose to entrapment. If entrapment was involved in a case, the criminal defendant may raise entrapment as a defense to the criminal charges.

Texas Veterans Court Eligibility Gets Much-Needed Expansion from Texas Legislature

That past legislative session, the Texas legislature made change to the eligibility requirements for Texas' Veterans Courts, introducing more discretion into the process. These courts are an important part of taking care of the veterans support our freedom by providing a diversion and treatment program.

Shoplifting in Texas Comes with an Added Cost

When a person is arrested for shoplifting in Texas, some retailers are send civil demand notices as well, requesting civil payment of anywhere from $250 to $500 dollars. This is based on Texas Theft Liability Act.

When Should I Report Something to the Police before Going to a Lawyer?

  By HG.org
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.

Defenses For Prostitution Charges In California

A California criminal defense attorney explains prostitution laws and how you can fight the charges. Learn more about prostitution defenses here.

Attacked at Work, What Are My Rights?

  By HG.org
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.

When Should I Call the Police?

  By HG.org
Many people may be hesitant to involve law enforcement in their daily lives. However, there are certain times when the police should be called to help protect citizens and their rights.

How to Conduct Yourself During an Arrest

"You are under arrest!" Will these words ever be directed at you or a loved one? Some criminal arrests are for the types of crime you see on TV. However, a number of arrests are made to maintain public order for DUI, disorderly conduct, and family disputes. It is with these types of trouble that the normally law-abiding citizen is most often involved. If you find yourself the object of a policeman's orders, be aware of the policeman's latitude, as well as of your own legal rights and duties.

Can a Lawyer Help with Extradition?

  By HG.org
Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.

Is There a Statute of Limitations for Restitution?

  By HG.org
Courts sometimes order restitution in order to provide victims of crimes with compensation. Although state law may vary, generally restitution does not have a statute of limitations.

How to Get Legal Assistance when the Sheriff Doesn't Assist

  By HG.org
Question: What can I do if someone kicked in my door, stole my property, took over and the sheriff did not help me?

My Father Was Arrested and I Don’t Know What to Do

  By HG.org
Question: My father was arrested for a money laundering case. I learned this through his colleagues. It has been about 21 days and we do not know where he is. What can we do?

Federal Arraignment Process

  By HG.org
When a person is being charged with the commission of a federal crime, he or she usually goes through a federal arraignment process. There are specific guidelines regarding the individual’s rights and the procedures that the court must follow.

Can Federal Restitution Be Forgiven?

  By HG.org
Federal restitution may be ordered after a person has committed a crime and the court wishes to compensate the victim for this crime. Based on current law, federal restitution orders not expire until they have been repaid in full. Generally, federal restitution cannot be discharged with bankruptcy.

Should I Plead Guilty?

  By HG.org
When individuals are facing a conviction of a criminal charge, they usually are told by their attorney that they have two choices. They can either plead guilty or go to trial. There are certain risks inherent in making either decisions.

NYC Bureau of Fraud Investigation Letters

A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.

Pleading Guilty or Going to Trial: Pros and Cons

  By HG.org
When a criminal defendant makes the decision whether to plead guilty or go to trial, he or she often has much more to consider than whether he or she is actually innocent. The risks of being found guilty by a judge or jury are substantial, causing some innocent people to plead guilty in order to avoid them. A criminal defense lawyer can discuss the pros and cons of each option, but it is ultimately up to the criminal defendant to make this critical decision.

Florida Sentencing Enhancements Pt. 3: Three Time Violent Felony Offenders & Violent Career Criminals

This article is the third installment in our Florida Sentencing Enhancements series and presents an overview of the Three Time Violent Felony Offender and Violent Career Criminal statutes.

Financial or White Collar Crimes

Financial or white collar crimes typically involve some form of deceit, maneuver or the abuse of a position of trust. It involve activities that defraud people of their money which affect private individuals, companies, organizations and nations.

List of Scammers

  By HG.org
This is a list of emails and phone numbers from scammers who contacted HG.org.

I Received a Bad Check – What Do I Do?

  By HG.org
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.

Do You Have the Right to Shoot a Drone Hovering on Top of Your Backyard or Property?

  By HG.org
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.

Self-Defense VS. Manslaughter

Manslaughter, albeit a lesser crime than murder, is a criminal offense; whereas a true self-defense killing is not a crime.

Divorce Settlement Scammer in the Name of Alice Swang

  By HG.org
Hg.org offers a free lead service to the lawyers and law firms listed on its directories. Sometimes we receive emails from scammers such as the "Alice Swang" email below.

Decriminalization, Legalization, and Marijuana Use in Illinois

With many states jumping on the marijuana legalizationn bandwagon, whether it be for medical or recreational use, “legalization” and “decriminalization” are two words often used interchangeably, although they have different meanings under the eyes of the law.

How to Choose a Defense Attorney

Just like you wouldn’t visit a podiatrist to treat an ear infection, you shouldn’t go to a tax attorney if you want to sue the driver who rear-ended your car. There are many areas of law and a lot of different types of lawyers who deal with them. When your freedom is on the line, it’s important to seek the correct representation.

How Do Hot Check Laws Work?

  By HG.org
Hot checks cost the local and national economy millions of dollars in lost funds that were due for goods and services from individuals and businesses. In response to this epidemic, states across the country have enacted strict hot check laws that are meant to punish the individual who writes worthless checks.

Common Drug Crime Questions for a Narcotic Case

Anyone arrested for a drug case is always concerned about possible consequences and how the case may be defended.

Beware of Police Body Cameras

Following the shooting of a civilian by a police officer and the subsequent riots in Ferguson, Missouri last year, many police departments are instituting the use of body cameras by patrol officers across the United States.

Aggravated Speeding - Illinois' newest criminal offense

“Aggravated speeding” is a relatively new criminal offense in Illinois. It is classified as a class B misdemeanor if the speed is between 26 – 35 mph in excess of the posted speed limit and classified as a class A misdemeanor if the speed exceeds 35 mph over the posted limit.

Basics of the Illinois Sex Offenders Registration Act – 730 ILCS 150

Which criminal offenses require registration as a sex offender?

Limits on the Admissibility of Vouching During Criminal Interviews in Georgia

Limiting the admissibility of personal vouching by law enforcement during criminal interviews and case law that supports such limits is discussed is discussed in this article. Vouching by law enforcement as to their abilities is not uncommon, and it must be guarded against.

Less Harsh Sentencing

With the Presidential election just around the corner, candidates find themselves having to address the current problems in our nation’s criminal justice system.

Marital Exceptions in Criminal Cases

Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected.

Can You Sue a Spouse for Theft?

  By HG.org
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.

Can I Get a Hardship License after a DUI

  By HG.org
DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.

Tax Deductability of Bribes in Greece

The prohibition of tax deductibility of bribes and the risk of claiming these payments as "expenses" in order to get a tax return under the Greek law.

Stop And Frisk Laws

According to the United States Constitution, every American citizen has the right to be protected against unreasonable searches and seizures.

How Are People Charged as an Accomplice?

  By HG.org
Accomplice liability arises when a person helps another commit a crime with the intent of providing such assistance.

Fleeing and Eluding Offenses in Florida

In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.

Website Ripoffs: How to Get a Refund from an Uncooperative Website Owner

  By HG.org
Most of us have fallen for it at one time or another. A website offers a “free” or reduced fee trial for its services, but asks for a credit card upfront. It tells you that your membership will automatically renew if you do not cancel before the end of your free trial. You use the service, but do not want to pay for it, so you try to cancel and get charged anyway.

What Is Proof Beyond a Reasonable Doubt?

  By HG.org
Proof beyond a reasonable doubt is the legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. This standard applies to each element of the crime.

An American with a DUI: Can I Get into Canada?

Are you an American citizen who has been charged, tried, and convicted of a DUI? Do you have interests in travelling outside of the USA to your northern neighbor: Canada? Find out whether or not you can Enter Canada if you have been convicted of a DUI.

Arson - Why Your Criminal Defense Attorney Matters

Arson cases can either be charged in federal or state court. In Minnesota, the most common arson charge is arson in the first degree, which charges that the person intentionally set fire to his home or other dwelling, usually for the insurance money or some other financial reason. This is a serious charge that, if convicted, will likely result in at least a 4-year prison sentence. If you or a family member is facing charges of arson, you need an attorney experienced in handling arson cases.

Escalating and Deescalating Murder Charges

On June 5, 2011, there was a case of a transgendered female who was out for a night on the town when she and some of friends were harassed by a group of young men. It started out with harsh words and eventually descended into violence. When she walked away, she was assaulted by one of the men, and she took a pair of scissors from her purse. She stabbed the assaulter, leading to his death.

Is There a Such Thing as Marital Rape?

  By HG.org
Marital rape is nonconsensual sex between two spouses. Marital rape is believed to occur in significant numbers but is underreported. However, this sexual crime may be treated differently than other sexual crimes, depending on the law of the jurisdiction where the charge is filed.

When Can the Police Stop me on the Street? What are my Rights?

Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.

Committing Offenses on the Internet – Internet Crime

When a crime is allegedly committed using the internet the first question is always, “Where should this case be handled?” Should it be in the state where the offender committed the offense? Should it be where the victim lives? Should it be somewhere else like in federal court?

What can the Police Require me To Do once I'm Arrested?

Once you are arrested what you say and do in the presence of the police becomes that much more important to protecting your freedom. Because your freedom is at stake, what you say and do can mean the difference between guilty and not guilty.

Confessions to Police

I always advise my clients not to speak with the police or any law enforcement authority without an attorney present. This is common sense to an experienced criminal defense attorney but to the citizen who has never had contact with the police, the desire to explain his or her side of the story and defend themselves is a natural instinct.

Teens and the Pressures of Underage Drinking

As young adults, teens are under a great deal of pressure to make decisions that can impact their future.

Life Without Parole For Juvenile Offenders

On March 23, 2015, the United States Supreme Court decided to once again consider arguments in a case concerning life sentences for juvenile offenders.

New Jersey Legalizing and Decriminalization of Marijuana

New Jersey was a leader in the fight to decriminalize marijuana in 2010 by being one of the first states to make it legal for treatment centers to dispense the drug for medicinal purposes.

Criminal Sexual Conduct And Other Sex Crime Allegations - What Does It Mean?

Sex crime allegations are some of the most serious criminal charges a person can be accused of committing either in state or federal court. In addition to serious jail or prison sentences, a person convicted of sex crime allegations may be required to register as a sex offender for a minimum of 10 years, and possibly for life. Sex crime allegations can negatively affect numerous areas of your life, including your professional and personal life.

Used Car Does Not Run, What Can You Do?

  By HG.org
Attorneys frequently receive questions regarding defective used cars. All too often, people purchase a used vehicle with verbal assurances that everything works fine and that it will be quite reliable, only to discover that neither is the case. What can you do when this happens to you?

Criminal Mischief Offenses in Florida

Criminal Mischief is, for all intents and purposes, "vandalism". In Florida, this property crime may be prosecuted as either a misdemeanor or a felony, depending on the extent of damage, the nature of the property involved, and whether the accused person has prior convictions for the same offense.

Tips for Handling an Illinois Traffic Stop

We’ve all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives.

European Parliament Approves ‘International Standards of Combatting Money Laundering and the Financing of Terrorism and Proliferation’

On the 20th of May 2015, two years after the European Commission first proposed the 4th AML Directive, the European Parliament approved the final text of the 4th AML Directive intended to address the threat of money laundering in 2015 and beyond.

Yes, You Can Get A Dallas Driving While Intoxicated Arrest Expunged

If you are arrested for a DWI it is public record. Anybody can go to the court clerk’s office and request a copy of a person’s court records. It does not matter if the arrest resulted in a final conviction. In order to stop the public from having access to these records,the record of a DWI arrest must be expunged or “erased.”

What to Do if You Cannot Afford to Pay Your Driving While Intoxicated Surcharge

A DWI conviction is one of the most expensive offenses that a person can be charged with. One of the things that makes it so expensive is the fact that the Texas Department of Public Safety (DPS) assesses a three year penalty called a surcharge for every individual convicted an offense that stems from operating a motor vehicle while intoxicated.

Three Steps to Shorten Your Driving While Intoxicated Driver's License Suspension

When you are convicted of a DWI one of the things that is restricted is your ability to drive on a valid driver’s license. This can create a big hardship because you need a driver’s license to do a lot of things like get back and forth to work, complete court ordered requirements if you are on probation, to take your kids to school, and to get groceries just to name a few things.

Three Advantages to Being Sentenced to Jail Instead of Probation for DWI

If you and your attorney have analyzed your case and determined that it is not one that is suitable for pleading not guilty and going to trial then you must next start thinking about punishment options. The two main options are jail vs. probation. Let’s face it nobody wants to go to jail. But, sometimes it is more advantageous to go to jail for a DWI than it is to do probation. Each situation has to be analyzed. There are no one size fits all solutions.

Do I Have to Have an Interlock Device if Convicted of Driving While Intoxicated

Maybe. Whether or not you have to have an interlock device if you are convicted of a DWI, Interlock Device depends on whether you are a first time offender, repeat offender, or had a blood alcohol concentration of .15 or above.

Driving While Intoxicated Education Programs

If a person is convicted of a DWI they are “required” to take a DWI education program.

How To Overcome Driving While Intoxicated Blood Test Results Obtained Without Your Consent

Does a police officer have to have a person’s consent to draw their DWI Blood Test Without Consent if they are being arrested for DWI.


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