April 2012

California assemblyman Roger Hernandez was arrested in Concord, California on suspicion of driving under the influence. A recent press-release from Concord Police states that Hernandez’s blood alcohol content was 0.08%.

As I’ve mentioned in past posts, the U.S. Supreme Court years ago reversed a Michigan State Supreme Court decision and held that DUI roadblocks (aka “checkpoints”) are not violations of the Constitution.  See Are DUI Roadblocks Constitutional?  Since then, a growing number of states have relied upon their own constitutions to ban the practice. See, […]

If an officer must have reasonable suspicion to pull a driver over, and probable cause in order to conduct a DUI investigation, how are random sobriety checkpoints considered constitutional?

Sleep driving, recognized as an involuntary act by the FDA, may serve as a legitimate defense for driving under the influence of legal, prescription sleep aids.

Individuals with a prior DUI conviction may be charged with second degree murder if they drive drunk and cause a fatality due to the Watson Advisement, a document most California courts require to be signed by offenders as part of DUI sentencing.