November 2010

Before I address the ambiguity of a chemical test refusal, I have talked to several individuals that have told me that they believe they have a right to refuse a chemical test (breath or blood).  Even though it seems that it would be common sense that a chemical test would potentially be self incriminating, the courts […]

The simple answer is yes.  But, it also depends on the type breath machine that is used.  There are many reasons why incorrect results can be produced by breath machines.  Radio interference is just one of those many reasons.

I continue to receive queries concerning a news article I commented on a long ago, "Parking Under the Influence". And the answer is….Yes, you can be arrested in many states for "sleeping under the influence" in your parked car — on the shaky theory that you were probably driving some time earlier and were probably intoxicated at the time. What was […]

Every time the police stop a vehicle, it is a DUI investigation.  It is the way they are trained.  If they smell alcohol you will be asked to get out of the car.  During the investigation, the police are trained to write down items that are consistent with DUI.   They won’t provide all the facts […]

Is the Tide Turning?

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 I’ve railed long and hard in the past about MADD’s neo-prohibitionist goals and its costs to our Constitution.  And it is no coincidence that the organizations’s founder, Candi Lightner, resigned years ago in disgust, saying that MADD had strayed from its original goal of saving lives and become prohibitionist. Perhaps the public is beginning to […]