Washington Law Allows State Troopers to Draw Blood, Raises Questions of Probable Cause
A new law in Washington, which took effect on August 1st, allows State Patrol Troopers to draw blood from drivers suspected of DUI. Proponents claim the law will make it easier for repeat offenders to be charged with a felony rather than a misdemeanor at the time of the arrest. In Georgia, officers must obtain […]
Read MoreMILLER V. STATE – A121A000 – Good Cop or Bad Cop, You’re Probably Going to Jail: Keeping Cool in the Hot Seat
At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn’t had […]
Read MoreAlcopal: The BAC-Reducing Wonder Pill! (WARNING: Side Effects May Include DUI Less Safe Arrest)
Alcopal, a pill that allegedly helps drunk drivers pass breath tests, went on sale in the UK this August. According to Arthur Kibble, a supplier of the pill, Alcopal can reduce an individual’s BAC content around .08%, the legal limit in UK and U.S. The pill has already been banned in the United States. The […]
Read MoreAnother unexpected consequence and cost of a Georgia DUI, you thought you had health insurance? Think again.
This is a true story but the names have been changed to protect the guilty. Your child has a single-car accident. S/he hits a tree. He was injured and taken to a hospital. The police come to the hospital and take blood. S/he is under 21 and has blood alcohol of .022. This is one […]
Read MoreWho Shoulders the Burden of Proof, the Citizen or the State? – The Injustice of Arrest Incentives
It’s disheartening to read about arrest quotas or incentives even if they are legal. But when incentives are based around making specific arrests like DUI, which rely on degrees of subjectivity to provide probable cause and can result in fines, license suspensions, and myriad attorneys fees and insurance hikes, there is even more cause for […]
Read MoreBUI Arrest Reported in Cobb County – Not Boating, but BULLDOZING Under the Influence
DUI arrests reported in the blogosphere this summer have been quite bizarre. There’s been RUI (rafting under the influence), MUI (mowing under the influence), PUI (plowing under the influence), and now this, BUI—not boating, but bulldozing under the influence. According to the Atlanta Journal-Constitution, on August 2nd, a man in Cobb County allegedly under the […]
Read MoreA Glass of Wine or Two at Dinner Could Designate You a Habitual Violator: The Unforgiving Nature of Georgia Child Endangerment DUI Laws
On August 13th a woman was arrested in Florida for DUI on her way to a bar with 8 kids in the car. Their ages ranged from 10 months to 14 years, which means that if she had been arrested in Georgia, in one-stop she would have been charged with a whopping 9 DUIs! The […]
Read MoreNew Virginia Law Cracks Down on DUI First Offenders. Is Georgia Next?
6 weeks ago the Virginia State Legislator passed a bill requiring all convicted first-time DUI offenders to have an Ignition Interlock Device installed in their car. The device requires an eight-second breath test completely free of alcohol before the car will start. According to Governor Bob McDonnell, the bill was enacted in part because of […]
Read MoreWhen a Trip to Waffle House Ends in the Awful House — Jail
Waffle House anyone? When is the Waffle House spelled Awful House? At the right time and in the right state of mind—the very early morning and a BAC of around .150—this sort of request can be hard to resist. It’s as if a mixture of beer goggles and sleep deprivation attracts people to Waffle House […]
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