Tuesday, September 29, 2009

Meet Florida DUI lawyer, David Haenel

Angie and Darbi, from 1800duilaws.com, get down to business with David Haenel, DUI lawyer from Florida. David breaks down the first steps after a DUI arrest, how hiring a DUI lawyer actually SAVES money and more. Take a listen, and let us know what you think!

Monday, September 14, 2009

Denver DUI Deaths are Down!!

In comparison to last summer, the numbero reported deaths related to drunk-driving was cut in half this year, from 71 to 36. While we don't want to see any alcohol related deaths the big picture is that DUI's are slimming down and the roads are becoming safer. We ask that you reconsider before you get behind the wheel after drinking. The outcome can obviously be fatal and lead to a heavy prison sentence even if you obtain a DUI lawyer.

Friday, September 4, 2009

Tennessee DUI News

A new study in Tennessee DUI arrests shows that many times the offenders are being re-arrested for second and third DUIs. Several people being arrested are indeed confirmed alcoholics and require some type of sufficient treatment that the state does not issue like with other crimes. One woman was arrested 13 times before she got help from the state to enroll in a treatment program.
In these special cases, devices such as ignition interlocks and breathalyzers are crucial to stop multiple offenders. The device is attached to the car starter and requires the driver to pass a blood alcohol level test in order for the car to start. These devices are very helpful in the crackdown on DUI arrests and are available in many locations.
What courts will not tell you is that it is a privilege to install these devices in your car and you must have a drivers license to drive, which may have also been taken away. If you call a Tennessee DUI lawyer, you have a much better chance of fighting your second or third DUI case and may leave the case with only minor consequences. Call an DUI attorney in your area to see what they can do for you.

Monday, August 31, 2009

Minnesota PD Turns Offenders Car into Partol Car

A Minnesota DUI can be very difficult to manage and what you need is a good DUI defense lawyer to clear your record. One law in particular allows the court to confiscate your vehicle, turn it around and sell them at auction. Recently after two DUIs, a Pontiac SUV had been taken away from a DUI offender and later issued to OCPD for patrol duty. The officers in Olmsted County had cut their budget earlier that year and converted the new car to pose as an example to future offenders and what can happen to their vehicle.
The best way to avoid this is by not getting behind the wheel when you drive, but if you are pulled and arrested for a DUI, your best option is to contact a Minnesota DUI attorney for help. They are fully aware of these programs and would hate to see them happen to you.

Tuesday, August 4, 2009

Police Officers are subjecting to DUI charges

It's becoming less and less rare. I was looking over Google for a few days and came across sevaral cases of DUI charges. Fora cop, it normally means losing their career, reputation, jail time and humiliation. I couldn't imagine being thrown in jail by my coworkers. Don't let this happen to you regardless. A DUI is absolutely not what you need nowadays. They're expensive, annoying and time comsuming. Watch yourself out there.

Monday, July 20, 2009

101 Ways to Avoid a Drunk Driving Conviction

101 Ways to Avoid a Drunk Driving Conviction

Summary of the 101 Ways

Chapter I

1. Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to a DUI

2. Don't assume that you can't be arrested for DUI
on private property, because you can be charged with DUI
in most states, regardless of your location.

3. Even a car being towed can lead to a DUI conviction
if the person sitting behind the wheel is intoxicated, so avoid even getting
in the front seat of a car if you are intoxicated.

4. If sleeping
inside a car after you have been drinking, do so in the back seat, with
the ignition off and the keys in your pocket, with the car off the highway.

5. Breath machines are subject to error when you have been recently exposed
to volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids.
Always get a second, independent test.

6. Existing "illegal per se" laws in 45 states and D.C. allow the police to make a case against you regardless of any evidence of impairment; therefore, either
keep your alcohol consumption to moderate levels, or don't drive at all
after having more than a few drinks.

7. Where faced
with a traditional DUI charge,
and the indicated level of alcohol allows the state to have a presumption
of intoxication in its favor, the defendant must introduce evidence of
non-intoxication to rebut the presumption, or face virtual certain conviction.

8. If the trial
judge incorrectly instructs the jurors about presumptions (making it irrebuttable
or mandatory), such instruction constitutes reversible error.

9. With blood
, if the personnel drawing the blood for the state's test do
not follow the required rules and regulations, the test results can be
totally excluded from the evidence.

10. In administering
any of the state's tests, if the person operating the machine is not qualified
or certified in accordance with state law, the test is invalid. Requiring
strict proof of the testing officer's certification can often lead to
a dismissal or a favorable "plea bargain", where some flaw or
defect in the proof of current certification is called into question.

11. By proving
that the defendant was not "in actual physical control" of the
vehicle, the case can be won, since one of the elements of the alleged
crime is missing.

12. With blood
, the use of an alcohol laden swab on subject's skin contaminates
the puncture site and voids the test by the state.

13. Where state
law requires it, failure of the police to advise the defendant of his
right to a second, independent test as required by state law voids the
state's test.

14. In an "illegal
per se" DUI case, proof (by
use of retrograde extrapolation techniques) that the defendant was not
above the state threshold level because he was still in the absorption
stage at the time of the arrest, eliminates one of the elements of the
per se DUI. A similar tactic can
help where you are facing a "presumption" of intoxication threshold.

15. The police
lacked probable cause to make the "stop", so all tests and evidence
gathered as part of the illegal arrest must be thrown out of court.

16. The use of
medical or other expert testimony can prove that the defendant's physiological
system is "unusual" so that the state's test results can be
excluded or at least adjusted to an amount below the state's threshold
for the "presumption" of intoxication.

17. Where the
state's testing machine is subject to error of +/-0.01% this margin of
error can be used to show that the required threshold (which is an element
of the state's case) is missing.

18. Where good
reason exists to refuse the state's test, such refusal generally will
prevent the state from using a numerical BAC
reading against you, thereby greatly reducing the chances of a conviction
for DUI. However, an administrative
suspension of driving privileges will be the consequence, in most states.
In some states, such as New Jersey
and Alaska, potential penalties for refusal are as bad as the penalties
for DUI.

19. The failure
of the arresting officer to follow through in giving the required implied
consent warnings will cause the state's BAC
test results to be excluded from trial.

20. If the arresting
officer misstates the required wording of the implied consent warnings,
the state's BAC test results will be
excluded from trial, or the entire case may be dismissed.

21. In some states,
if the prosecutor mentions the defendant's failure to submit to the state's
test, such introduction of evidence is improper in a jury trial.

22. Most states
do not permit forcible retrieval of a blood sample from a suspected DUI
driver unless death or serious
to another person has resulted from a DUI
related accident. Therefore, results obtained in such cases will be void

Chapter II

23. Use a designated
driver for your group in order to eliminate the possibility of the least
drunk driver trying to take everyone home.

24. Change the
brand or type of alcoholic beverage to lessen the quantity of alcohol
being consumed. For example, use a "low alcohol" brand beer
versus regular beer, or alternate with a "non-alcoholic" beer
every other hour.

25. Use public
transportation to take you and your group to and from your destination,
thereby allowing everyone to imbibe.

26. Put together
a "kit" of items to assist you to avoid incriminating yourself
and in order to be prepared in the event you are stopped by the police.

27. Use the "Driver's
Rights" cards
located in Appendix K (or similar cards provided
by your attorney) which "speak for you" in asserting your rights
in the event of a confrontation with police.

28. Before going
out for the evening, always prepare your vehicle by removing any and all
incriminating items and any valuables.

29. Eat heartily
before starting to drink and include high carbohydrate foods to help absorb
alcohol that you will be drinking later that night.

30. Avoid driving
after drinking if you have a fever or an elevated "body core"

31. If you are
taking any type of non-prescription
, avoid driving at all after drinking due to the possibility
of the medication containing alcohol which would be added to the alcohol
that you will be drinking.

32. Don't drink
at all (much less drive after drinking) if you are taking prescribed
since the possibility of synergism or some other adverse
effect from combining alcohol and drugs could kill you or cause the death
of someone else.

Chapter III

33. Be aware that
a person's body water determines how readily your body will absorb alcohol,
and that lean, young men are best able to tolerate alcohol while old,
fat women are the least able to tolerate alcohol.

34. Women should
be especially cautious about what type of alcohol and what quantity they
consume since studies have shown that men's stomachs produce more of a
special enzyme which metabolizes alcohol than is found in women's stomachs.

35. If you plan
a night of drinking, start by having up to 32 ounces of water before any
alcohol consumption, and alternate a glass of water between each alcoholic
drink to help slow the rate of consumption.

36. Studies have
shown that carbonation in highball
mixers, sparkling wines, and draft beer
tends to accelerate the rate
of absorption of alcohol into your bloodstream, causing you to get more
drunk than you would by using non-carbonated (or less-carbonated) alternatives.

37. Use non-carbonated
fruit juices or other mixers with wine to dilute the alcohol content of
your beverage, and thereby extend the time in which you can safely continue
consuming wine.

38. Stop all alcohol
consumption 1 1/2 hours before starting home and drink water during this
time period to improve your chances for a favorable urine test if you
are stopped later that night.

39. Use a hand-held
breath alcohol testing device
to see what your alcohol content is before leaving for home.

40. Give yourself
some field sobriety tests
to see what level of impairment you may have, and avoid driving at all
if you have difficulties performing the tests.

Chapter IV

41. Make sure
that you and all your passengers are wearing seat belts, and that no distractions
in your car (such as rowdy passengers, the radio or a tape player) would
cause you to not concentrate on driving.

42. Use turn signals
whenever required, and do not use your high beam lights at all on the
entire trip home.

43. Be aware that
traffic offenses such as speeding, running a red light, and not making
a complete stop at a stop sign are the leading causes for the police to
stop vehicles that subsequently result in DUI

44. In bad weather,
due to more than a ten times greater chance of an accident, don't drive
after consuming any alcohol at all since you can be convicted of a DUI
even where the level of alcohol was less than the per se limit or the
traditional DUI threshold when
an accident is involved.

45. "Blend
in" with traffic because studies have shown that it is significantly
more difficult for police to detect an impaired driver than when your
car is isolated on the highway.

46. Don't be a
good Samaritan on the way home because acts of kindness or civic-mindedness
can bring you into contact with police, resulting in a DUI

47. Don't ever
try to elude an officer because such an attempt constitutes a serious
offense and may even result in a tragic
accident, or possibly lead to a murder charge

48. If you are
pulled over by the police, don't exit your car unless instructed to do
so by the police officer, because you may incriminate yourself by conduct
which indicates intoxication (being unsteady on your feet).

Chapter V

49. If you are
stopped for a traffic violation, don't argue with the police officer.
Simply give the officer your documents, and don't talk except to respond
in the most basic fashion. Your pocket recorder will tape the transaction
for later use.

50. If you receive
a ticket for a moving violation, and not a DUI
citation, don't press your luck by continuing to drive. The police may
well be looking for you down the road. Go to a motel and check in, or
call someone to come get you.

51. If you are
stopped at a roadblock, have your license and other documents in hand
and offer these to the officer. Your pocket recorder will capture the
conversation. Never admit to having consumed alcohol. Don't perform field
sobriety tests
, and (in most states) don't blow into a portable
breath testing device
without first speaking to an attorney, unless
the officer advises you that your license
will be revoked for refusing to do so
. Card No. 1 of Appendix K covers
what needs to be told the officer about your willingness to cooperate
on tests at the scene of the "stop".

52. If you are
involved in an accident after having had something to drink, don't talk
to anyone at the scene about it. Don't take any FSTs. If
anyone was injured or killed, refuse all tests unless your attorney advises
you to submit

53. Regardless
of the cause for the "stop" NEVER admit prior alcohol consumption.
Don't blurt out anything to the officer in an attempt to explain the circumstances,
or it will be used against you later in court.

54 If an officer
insists that you must perform field
sobriety tests
or blow into a portable
breath testing device
, only do so IF the officer advises you that
your license will be revoked for failure
to comply
. Due to the fact that this is NOT TRUE in most states, ask
the officer to write in his field notes that you are agreeing to do these
tests under protest.

55. When you are
required to submit to the official state test for BAC,
ALWAYS insist on your own independent BAC tests. Some states require you
to obtain your tests on your own initiative, and will tell you nothing
about your rights to seek another test. Other states will advise you of
this right, and will even transport you to a facility for giving a sample,
if you are going to be kept in custody.

56. If the police
deprive you of your freedom of movement and then elicit answers to incriminating
questions from you without first giving your Miranda warnings, your attorney
may be able to suppress any admissions made by you while in custody.

57. A commonly-used
field sobriety test,
the horizontal gaze nystagmus test has a multitude of other possible medical
causes other than intoxication, and your attorney can present these to
the jury to discount the officer's statement that you failed this test
due to intoxication (assuming that you haven't simply refused to perform
all field sobriety tests).

58. Before taking
the official state-administered BAC tests,
ask if state law permits you to speak with an attorney. Many states permit
a limited right for you to do so, and you should always exercise this
right. Card No. 2 of Appendix K covers this situation, and asserts your
rights for you.

59. Try to record
the conversations between you and the police officers because the officer's
missing or defective warnings can cause test results to be excluded from
evidence. Without the tape, the jury will believe the officer's testimony
over yours.

60. If requested
to take the "officials state BAC
tests, your delaying tactics or insistence on speaking with an attorney
(if you have been told that no right to counsel exists in that state)
can constitute a refusal, causing an implied
consent license revocation.

61. By asking
the officer whether you can make telephone calls to an attorney or family
member prior to submitting the official BAC
tests, you may be taking advantage of legally-permissible delays that
will make your BAC tests more favorable.

Chapter VI

62. In states
which require the police to administer multiple BAC
tests, the failure of the police to perform any of the additional tests
required by law will be grounds to exclude all test evidence from the
trial. However, the cause of the non-completion of tests can not be your
refusal or willful non-compliance with the officer's request for a sample.

63. If the police
fail to fully advise you of what types of independent tests you may take
pursuant to state statutes and regulations, this will cause the state's
test results to be excluded from evidence.

64. Proving that
the defendant partition ratio is not "normal" such that the
pre-set breath testing machine standards are inaccurate can provide the
necessary evidence to convince the jury that the BAC
are not worthy of belief.

65. Proving that
the defendant's hematocrit is outside the normal range and significantly
"variant" to cause an adjustment in the indicated BAC
may drop the defendant's BAC
below the per se standard (or the "presumed" intoxicated
threshold) set by law.

66. Attacking
the breath testing machine's accuracy
based upon its record of failure during certification tests may cast sufficient
doubt upon reliability of the machine to either cause the judge to exclude
the test results or convince the jury not to believe the state's BAC

67. If you are
to be tested on the official state BAC
equipment, be certain that you inform the officers about any physical
problems or environmental interferers which may have a bearing on your
test results. The state's test may be later excluded if it is non-specific
for detection of alcohol.

68. Bridgework
or false teeth may "trap" mouth alcohol and contaminate a breath
machine sample. The failure of police to cause dentures to be removed
before a test can be grounds for dismissal of charges, or at least grounds
for excluding the state's breath
test results

69. If a police
officer fails to continuously observe a defendant for the required waiting
period under state law, this can be the ground for excluding the state's
BAC results.

70. Vomiting or
burping delays the start of the breath test due to the contamination of
your mouth by alcohol brought up from the stomach. The failure of the
officer to restart the observation period will be grounds to exclude the
state's BAC results.

71. Where the
prosecution uses a witness to try to establish that you had a higher BAC
at the time of driving (by using retrograde extrapolation techniques),
such testimony should be attacked based on the witness' lack of knowledge
about your rate of elimination, timing of the drinking period, strength
of the alcoholic beverage, and other variables which will affect the Widmark

72. Always get
the names, addresses and telephone numbers of potentially beneficial witnesses
regarding your appearance of sobriety at the police station, or during
the time your were receiving your independent tests. These witnesses may
help your attorney build your defense.

73. Whenever submitting
to the state's BAC tests, always ask
the test operator to preserve a sample of the breath, urine or blood so
that the sample can be independently tested later.

74. Where a single
breath test is utilized by the
state, your attorney may be able to assert due process and equal protection
arguments that may convince an appeals court that the state's use of one
test is constitutionally infirm, particularly where no sample is preserved
after your request for same.

75. For blood
, most states only permit highly-trained medical personnel to
collect blood samples. Challenging the person's qualifications or certification
can result in the BAC test results being

76. The state
must prove that the laboratory or hospital which analyzed your blood sample
used properly trained personnel to collect the sample. Sometimes, winning
on this point is as simple as filing a motion to dismiss or a motion for
directed verdict as a result of the prosecutor failing to introduce the
proper evidence of the technician's training, which will cause the person's
testimony to be totally excluded.

77. When obtaining
your independent tests, be certain
that the laboratory analyzes whole blood and not plasma
. Whenever
plasma is tested, the results can be as much as 20% higher than when whole
blood is utilized.

78. Always ask
for "split" samples on blood
so that an unaltered portion can be later tested to determine
unusual hematocrit or other atypical conditions of your blood.

Chapter VII

79. If you have
not yet been permitted to call an attorney, ask for permission to do so
after you are booked. Every state allows attorney contact at this stage.

80. Don't talk
with fellow detainees or police personnel about your arrest for DUI.
Only speak with your attorney unless he advises you to discuss matters
with other persons.

81. At the police
station, stay seated and be certain that you maintain a composed demeanor
at all times. You may be "on camera" with the police department's
video tape machine.

82. In many states,
the police officers must provide you with certain copies of the arrest,
testing or booking documentation. Remember what you were given and keep
up with all such documents.

83. If the police
ask your permission to videotape you, don't agree to this, since this
likely means that you look drunk, and they want to tape you so it can
be used against you later.

84. If video equipment
is available to the police and it is NOT being used on you, ask your attorney
whether you should request the police to videotape you if equipment is
available. In the alternative, ask your attorney if he has video equipment
which can be brought to the police station so that you can be taped.

85. When you go
to have your independent test(s) done, get a urine test and a blood test,
if your state law allows you to have more than one test made. If you have
been consuming vast quantities of water, as suggested in this book, your
urine test may be highly favorable, when compared to a blood or breath

86. Be certain
that you can establish a "clean" chain of custody for your independent
test samples in the event these are required to be transported for analysis.

87. Call upon
a friend or relative to assist you in arranging for bail so that you can
get out of jail promptly. Furthermore, this witness may be used later
to testify that you did not appear to be intoxicated when they saw you
that evening.

88. Your observations
concerning facts and witnesses may be critical to winning the case, particularly
because you may be the only favorable eyewitness to certain facts.

89. The computer
"readout" on breath machine
must be 100% correct or it will be subject to being excluded
by the court upon proper motion filed by your attorney.

90. On the night
of your arrest, complete the DUI
client intake questionnaire found in Appendix F. Don't delay in doing
this. In the morning, supplement the form with any additional data that
you remember.

Chapter VIII

91. Radio frequency
interference may occur in police stations or in "mobile" testing
facilities and may cause several brands of breath
testing machines
to give artificially high readings.

92. Because a
skilled DUI attorney "knows the ropes" it is always advisable
to utilize an attorney who is a specialist in DUI
. Not only can the attorney assist in developing a strategy for
your case, but can also be instrumental in obtaining a more favorable
sentence if you decide to plead guilty or nolo contendere.

Chapter IX

93. A motion for
speedy trial forces the prosecutor to bring the case to trial, or suffer
a dismissal as a result of failing to meet the statutory deadline set
by state law.

94. By use of
a motion for a Bill of Particulars, a defense attorney may cause the prosecutor
to commit himself to a specific trial strategy. By narrowing the focus
of the trial, the defense attorney may be able to undermine the prosecutor's
case, leading to a dismissal of the charges.

95. Whenever state
law permits a preliminary hearing, the defense attorney may benefit from
using this pretrial hearing to obtain sworn testimony from the witnesses
for the prosecution which cannot later be changed or embellished to suit
the needs of the state's case.

96. A defense
attorney may use a motion in limine to suppress evidence to eliminate
the state's principal evidence against you in the case (the BAC
test result
) thereby effectively winning the case.

97. When breath
testing machines
are utilized by the state to obtain your BAC
, all documents relating to such machines should be subpoenaed
and closely scrutinized to determine if all calibration and inspection
has been followed to the letter. The failure of the state to comply with
the mandates of the operator's manual can lead to exclusion of the BAC
test results

98. A motion for
disclosure under Brady v. Maryland will sometimes uncover potentially
exculpatory evidence which will effectively negate the state's evidence.

Chapter X

99. Where the
judge refuses to excuse a biased juror from the jury panel in your case,
such refusal will constitute reversible error in the event you are convicted.

100. Once the
state has put up all of its witnesses and evidence, and has "rested",
the defense attorney can seek to have the judge decide that the evidence
in the case is insufficient to support the defendant's conviction. This
is called a motion for directed verdict of acquittal.

Chapter XI

101. During closing
arguments, where the prosecutor argues to the jury using inflammatory
and impassioned arguments that are not relevant to the issue of the driver's
guilt or innocence, reversible error occurs.

Excerpted from
the book, 101 Ways to Avoid a Drunk Driving Conviction by William
C. Head, Esq. and Reese I. Joye, Jr., Esq.

Copyright 1991
by William C. Head and Reese I. Joye, Jr. Not to be reprinted, resold,
or redistributed for profit, except with written permission, but may be
freely distributed electronically provided that the entire file, including
this notice, remains intact.

Thursday, July 2, 2009

How to Beat a DUI

How do you beat a DUI? The short answer is by discrediting the evidence. Therefore, there are many ways to beat a DUI. The qualified DUI attorney you hire will know all the details, but some examples on how to beat a DUI are below.

The first thing to know in beating a DUI is how a prosecution attorney will try to get a DUI conviction. There are two ways he will try to prove DUI. One way is to attack the driver’s mental and physical condition by presenting evidence that shows the driver was impaired because of alcohol consumption. The other way is by concentrating on the driver’s blood-alcohol content and not focusing on the driver’s physical or mental condition. Or, the prosecutor may use both ways in the same case.

DUI cases basically hinge on four kinds of evidence: the physical appearance of the driver, the driving pattern, the results of a chemical test, and the results of a field sobriety test. All of them are subject to debate in a variety of ways, and this is where beating a DUI case happens. For example, start with the driving pattern. If the defendant pulled over promptly, used his turn signal, parked safely, etc., it could be well argued that the driving pattern did not indicate any impairment. More...

Tuesday, June 30, 2009

7 Things to Get Popped for in a DUI Checkpoint

Just because we call them DUI Checkpoints, doesn't mean the only thing cops are arresting for are DUIs. Police will either arrest or write citations for any of the following during a checkpoint.

No Valid Driver License(suspended)
Warrant Arrests
Liquor Violations
Possession of Narcotics or Drugs
Endangering the Welfare of a Child
Other Traffic Violations

So be warned that you can get a ticket or worse for things other than a DUI at these checkpoints. Be safe!!

Wednesday, June 24, 2009

27-year-old wins $88.1 million lottery

Jeffrey Wilson of Kings Mountain, North Carolina won the $88.1 million lottery this week. Every week his father buys tickets from a local gas station and distributes them to his kids. This time, Jeffery picked the right one.

"My dad picked the numbers," Wilson said. "It's numbers that he's picked, he's played them before. He went and bought some tickets and laid them out for us to pick from and I just happened to pick the right one."

Wilson still does not know what he will do with the money, if I may suggest, a celebration sounds like the right move. I would go on vacation and get drunk. Just don't drink and drive anymore because it definitely has its consequences. Now he can afford a permanent driver.

Thursday, June 18, 2009

Traffic Statue

A college student in Raleigh, NC had been pulled over once too many, when one night he stole about 10 road construction barrels and transformed them into a 15-foot monster trying to hitch a ride. After building the creature, the student has become somewhat of a celebrity in his town. The construction company who owns the barrels deems ownership to the statue and will display it in their corporate office. What would the statue look like if he got a DUI? Drunk and lying on the floor?

Monday, June 15, 2009

Trouble for Dallas Cowboys Stadium

Hours after the inaugural event, which introduced the $1.15 billion stadium with a country music production of George Strait, the stadium general manager, Jack Hill had been arrested for a DUI. As a result, the staduim's liquor license is under review for possible suspension.

Hill was spotted in a collision on a nearby highway, but without any injuries to report. As a routine, Hill had been tested for alcohol and failed, leading to the arrest.

I know personally that if alcohol were not to be served at the stadium, it would never be the same and riots would ensue. Drinking is half the enjoyment. Not many people can sit and watch a game, sober for 4 hours. Let's all root for Hill and hope this whole mess calms down before August!!

Thursday, June 11, 2009

DUI Checkpoints

There will be DUI Checkpoints all over the place this weekend. Police are really cracking down on drunk drivers and are abiding by a zero tolerance rule. Even if you smell like alcohol, it will give them an excuse to bust you. Don't take the risk. Just chill out this weekend, don't drink and drive and save yourself the trouble of getting a DUI.

Here's a list of some prominant DUI Checkpoint cities:

Pamona, CA
Elkhart, IN
Wichita, KS
Miami, FL
Columbus, OH

Good Luck!!

Tuesday, June 9, 2009

Sacramento Sheriff Does Not Need to Retire

The Sacramento County District Attorney’s Office won’t refile DUI charges against a sheriff’s sergeant whose first trial ended with a hung jury.

Christopher Dayton Guerrero was pulled over for DUI on Oct. 4, 2007 in Roseville but was not arrested or cited even though he reportedly had a BAC of .16 percent - twice the legal limit.

The District Attorney’s Office filed DUI charges against him after a local TV station reported the arrest, but jurors couldn’t agree on his guilt, so the judge declared a mistrial. Prosecutors declined to refile the case because they believed a second trial might have the same outcome.

Hung juries are often a favorable outcome for the defense in California DUI cases for just this reason. A mistrial may inspire the prosecutor in a California DUI case to offer a favorable plea bargain or drop the charges altogether.

Wednesday, June 3, 2009

Bomb Found In Man's Car

In Ventura, CA a man was pulled over in a ruotine DUI stop. When he was asked to exit the car the CHP officer noticed something suspicious under the drivers seat. It turned out to be a "sparkler bomb." Apparently, it was about 8 sparklers tied together with a fuse. The bomb combined with the DUI would set this guy in prison or with fines for a while because it is a misdemeanor and a felony charge.

As a result of this event, it stopped the 101 freeway(one of the busiest) for nearly 3 hours in the middle of the day. I hate people like this.

Thursday, May 28, 2009

Judge Rules That Leaked Photo of Rihanna Has No Bearing on Chris Brown Assault Case

A judge ruled today that a leaked photo of battered pop star Rihanna has no bearing on the assault charge against her boyfriend, R&B singer Chris Brown.

Superior Court Judge Patricia Schnegg denied a motion by Brown’s attorney that sought records of the internal LAPD probe into the leak of the photo. Although Schnegg said the leak was ‘not a good thing’ and may be a criminal matter, she said it wasn’t relevant to the singer’s preliminary hearing on June 22.

Although the motion introduced by Brown’s attorney was unsuccessful, a skillfully executed pretrial motion sometimes has an enormous impact on a criminal case.

Friday, May 22, 2009

DUI Checkpoints Galore

There are going to be checkpoints this weekend everywhere from San Jose, CA to Danbury, CT. You can search on Google to find a list of them, but a lot of times they are not listed just so the locations can be a suprise. However, we will do our best to point out checkpoints in the Los Angeles area at least, just because that's our immediate area.

Drive safe everybody!!

Wednesday, May 20, 2009

Ft. Lauderdale

If you're in Florida, the place to go this summer is Ft. Lauderdale. You're going to find booze, beautiful people and LOTS of sun. The beach is the best place for all of them as we know, and F.L. has it all. Just don't worry about the surfboard, because most times it won't do you any good. Most waves are small in comparison, and is just not worth your time. If you're from out of state, you can always catch a plane to Miami, which is about 45 mins away. Cops will be policing the streets and shorelines, so watch out for them. As long as you're not driving, you'll be fine. Just don't forget the sunscreen!!

Tuesday, May 19, 2009

Lake Havasu

More of a Spring Break spot, but still open for Memorial Day too. The great thing about Havasu is the size and the many many coves that offer docking spots for boats. Yet, who are we kidding, you're there for the party. You can check out some of these pics to see why Havasu ranks as one of the best spots to spend your drinking holiday. You are definitely going to run into a lot of drunk college kids just like yourself when you go there. Hell, Girls Gone Wild has filmed there countless times, so you know it's going to be fun. Do youself a favor and youtube "Lake Havasu Party." As always watch out for cops. They love to catch under age drinkers roaming around. Just stay with the party and you'll be fine. They can't arrest everyone you know.

Lake Havasu is located on the Arizona/Californa border and is about 4 hours out of Los Angeles.

Monday, May 18, 2009

Memorial Day Prep

God bless America, next monday is Memorial day. Plans with my friends usually includes going the lake and partying all weekend. I know you guys are going to rage either way, just watch out for cops on and off the water because you can actually get a DUI in a boat just as easily as you can in a car. That would cut on your vaca hard style.

The rest of this week we're going to point out all the hot spots to spend the holiday. Check us out tomorrow.

Friday, May 15, 2009

Akron man charged with aggravated DWI

Erie County sheriff's deputies charged a 27-year-old Akron man with aggravated driving while intoxicated after accusing him of registering a blood-alcohol level of 0.21 percent.

Paul E. Zika was charged with the more serious DWI count after submitting to a chemical test that revealed the 0.21 percent reading, according to police reports.

Deputy Robert Kolmetz had stopped Zika for traffic violations in the Town of Newstead at about 3:30 a.m. Thursday.

Wednesday, May 13, 2009

Heartstopping DUI Charge

I really hope no one is really this heartless. A woman in Florida charged with a DUI had a three-year-old in the car with her at the time of her arrest!! She was released the next day and they child is fine. When sentencing comes up she is going to suffer from major child endangerment penalties but the child is fine, no joke.

Woman charged with DUI had baby in car

Wednesday, May 6, 2009

Denver Legislator Exemption

A Colorado legislator was stopped for a DUI last week, but the surprising thing is that he was not arrested. It turns out that diplomats and law makers cannot be questioned for a DUI felony if no accident occurred. If an accident did result in the DUI, it would be a different story. The legislator would be arrested for the charge.

Mothers Against Drunk Driving (MADD) and other organizations are not happy with the law because it seems unfair and does not set a good example for everyone. "I don't see why we should treat legislators different than normal people," said spokeswoman Emily Tompkins. "So it's time to clean that up. It absolutely sends the wrong message that those writing the laws we have to stand by are exempt from them."

Oddly enough, this law has been in place for nearly 100 years. It was originally set in place so a legislator could not be halted on their way to placing their vote in time. I find this flawed simply because the last thing I want is a law breaking legislator writing our government. We need the most honest law abiding citizens running this country.

Here is the Law which got him off but will not work for the rest of us:
Section 16. Privileges of members. The members of the general assembly shall, in all cases except treason or felony, be privileged from arrest during their attendance at the sessions of their respective houses, or any committees thereof, and in going to and returning from the same; and for any speech or debate in either house, or any committees thereof, they shall not be questioned in any other place.

Friday, April 24, 2009

DIY Guide

I just found this DUI Book. $25 for a Do-It-Yourself DUI Guide. It tells you all about how to work out a DUI and fight your case the right way. Check it.

Support independent publishing: buy this e-book on Lulu.

Wednesday, April 22, 2009

Drunk all the way to court...

This made me burst out laughing when I heard it. Apparently, some guy by the name of James Lee was convicted of a DUI, blowing a BAC of 0.31. Mind you, that's nearly FOUR TIMES the legal limit. While this is unbelievable, it is still not as funny as what happened later in this guy's case.

A few days later in his trial, Lee shows up so drunk, he needed to be hospitalized for being intoxicated. Being drunk is one thing, but so drunk it requires medical attention is ridiculous. I sure hope no one out there is as dumb as this guy.

In any event, before you start drinking this much, you might want to make sure you have a ride home or a floor to pass out on first. Of all the times I've drank, I don't think I can honestly say I would blow a .31. .25 though, that's a different story for another time...

Tuesday, April 21, 2009

Underage Drinking

Underage Drinking is intolerable on every level. It is even worse when a minor drinks and gets behind the wheel of a car. Even though it is wrong, believe me when I say it still happens. You may think the consequences are similar to those of an adult, but you would be wrong.

Several factors go into adolescent drinking problems such as biological, psychological and behavioral. These same factors are effected with adults, but because children are also effected by their developmental stages, it can stunt their growth. Make sure you talk to our kids about drugs and alcohol before it is too late.

Did You Know...

In many states, a DUI can be removed from your record within 10 years. This is called "Expungement." These are sometimes more difficult to achieve than fighting the DUI itself, so you may want to look into that. The best way to fight for it is to first check if it is available and then contact an attorney ASAP. You can always find one here.

Kansas City Chiefs Player Arrested for DUI

NEWPORT NEWS - An NFL football player from Newport News was found guilty Tuesday of driving drunk on J. Clyde Morris Boulevard one early morning in March.

David T. Macklin, 30 — formerly with the Kansas City Chiefs but now a free agent — was given a 6-month suspended jail term, a $250 fine, and a restricted driver's license that allows him to drive for work when sentenced Tuesday by Newport News General District Court Judge Richard C. Kerns.

Macklin played for Menchville High School and Penn State University before turning pro nine years ago.

But Macklin was cut from the Chiefs' roster on March 18, five days after the arrest. The Chiefs declined to comment Tuesday on why the contract was terminated.

Macklin was pulled over at 3:13 a.m. on March 13, as he drove his 2005 BMW on the Exit 258 off-ramp from westbound Interstate 64 onto J. Clyde Morris Boulevard.

Macklin was initially stopped because of the dark window tint on his BMW, court records say.

But Virginia State Police Trooper J.R. Street said he smelled a "strong odor" of alcohol and that Macklin performed poorly on field sobriety tests.

In a breath test, Macklin registered a blood-alcohol level of 0.11, the officer said. The legal limit in Virginia is 0.08.

Macklin, the only person in the car, was cooperative during the arrest, police said.

Aside from the first-time DUI offense — a misdemeanor — Macklin was also charged with having an illegal tint on his windows. Kerns acquitted Macklin Tuesday of the tint window charge.

After the hearing, Macklin's lawyer, Ronald L. Smith, gave notice that he would appeal Macklin's DUI conviction to Newport News Circuit Court. A trial date for that appeal not yet been set.

Macklin runs a foundation, 27 Reasons, for underprivileged youth and children with disabilities. Before the Chiefs, he played for NFL teams in Indianapolis, Arizona, Washington and St. Louis. Macklin was a fourth-round choice by Indianapolis in the 2000 draft.
-Courtesy of The Daily Press

DMV Hearings

When you get a DUI, two hearings are called. You will have to appear for a criminal case as well as a DMV hearing. You may be asking yourself how the DMV and the court system are related and the answer is quite simple. When you get a DUI, the court sends the information to the DMV and they have the right to take suspend your license for several durations of time.

The day after you receive your DUI, the smartest thing to do is to request the DMV hearing. The cutoff date is 10 days following your arrest. This is one of the major misconceptions that people have. Just because the got a DUI, doesn't mean your license will be suspended immediately. It may take months for the hearing to take place and until it does, you will be able to drive legally until the hearing.

Watch out for paperwork though. This process is not as easy as it may sound. The paperwork involved in setting up these hearings are tedious, complicated and confusing without the help of a proper DUI attorney. I found one to be great in the whole process. Check this one out in Washington.

Monday, April 6, 2009


I want to go back to the DUI Resource Library and point out a really interesting link that helped me out this weekend. The Three Strikes Law says that multiple DUI offenders will incure harsher penalties. Check out this link again.

Thursday, March 26, 2009

BAC application

This thing is really fun. You can gauge how drunk you will be when you say how many drinks you've had over a period of time. Still good!!

Blood Alcohol Calculator

Wednesday, February 25, 2009

Funny DUI Videos

Dumb girl trying to reason with the officer.

Faceplant right into a wall. Watch what happens at the end, it's hilariious.

This drunk girl just doesn't know what she did wrong. It's called a DUI!!

You cannot be tested, if you cannot even set up the DUI Sobriety Test.

Friday, January 30, 2009

The DUI/DWI Resource Library

Here is the quintessential list of resources regarding alcohol, drunk driving, DUI/DWI and its laws.

10 FAQs About Alcohol
Alabama Drunk Driving FAQ
Alabama DUI Case Court List
Alabama DUI Law Summary
Alcholism in America
Alcohol and Other Prescribed Drugs
Alternatives to Jail
BAC Calculator
Basic Facts About Ecstasy
Behavioral Effects of Alcohol and Cannabis
Blood Alcohol Content (BAC) Chart
Blood Test Information
Blood Tests
Breath Testing Information
Breath Testing Information - What Every Citizen MUST Know
California Criminal Punishment
California Criminal Record Expungement
California DUI FAQs
California Three Strikes Law
Combination DUI Cases: Alcohol and Drugs
Common Contraband Drugs
Common Over-The-Counter Medication and DUI
Designated Drivers Association (DDA)
Drinking and Driving
Drugs and Their Affect of Driving Performance
Drugs Spiked in Different Substances
DUI Glossary
DUI/DWI Conviction Limiting Travel
False Positives in Drug Testing
Field Sobriety Evaluation or Tests
Field Sobriety Test
Head Injuries as Cause of Symptoms of Impairment
How Alcohol Affects Us
How DUI/DWI Arrests Affect Driving Records
How the Body Responds to Alcohol
How We Process Alcohol
Hypoglycemia and DUI
Ignition Interlock Device Myths
Illegal Drugs/Controlled Substances
Illegal Drugs/Controlled Substances
Insurance Problems Caused by DUI
Legal Definitions in Criminal Cases
Legal Terminology
Limited Job Opportunities with a DUI/DWI Conviction
South Dakota DUI FAQ
Tennessee General DUI Information
Tennessee DUI FAQ
Underage Drinking
What is an Ignition Interlock Device?
What to do Immediately After a California DUI Arrest
Wisconsin License Suspension Laws
Wisconsin OWI FAQs
Your First DUI
Your Legal Rights