Monthly Archives: November 2015

DUI for Driving While Hungover?


Although not common, I sometimes get the question, “Can a person be arrest for DUI when they are hungover?” Unfortunately, like the answer to many questions that I am asked, it depends. A hangover happens when the body recovers from … Continue reading

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The One-Sided DMV Hearing


Many of my DUI clients are surprised to learn that there are two different processes following a DUI arrest; the court case and the DMV (also known as the Administrative Per Se or APS action). The DMV’s only concern is … Continue reading

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Can a Fever Really Cause an Elevated Breathalyzer Result?


Breathalyzers don’t test you. They test the “average” DUI suspect. Breathalyzers cannot adjust themselves to every individual who provides a breath sample. Therefore they are calibrated to assume that all people who provide a breath sample are all the same. … Continue reading

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Officer Too Drunk to Accept MADD Award


Hypocrisy does, sometimes, show itself with those who are tasked with combating drunk driving. A report recently obtained by WFLA-TV detailed how a Pinellas County Sheriff’s Deputy was too drunk to accept an award for making 100 DUI arrests at … Continue reading

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San Diego Prosecutor Sentenced on 2nd DUI in Two Years


Deputy District Attorney Rebecca Ocain was sentenced by Judge Matthew C. Braner last month for her second DUI in two years. In early October, Ocain pleaded guilty to misdemeanor drunk driving and hit-and-run. At the time of the incident, she … Continue reading

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