INVESTIGATION REVEALS GROSS INACCURACIES IN DUI BREATH TEST DEVICES From the early Drunkometerprotypes to today’s purportedly sophisticated breathalyzers, the police have been administering breath tests on suspected drunk drivers for decades and millions have been arrested on the results of these devices. A recent New York Times investigationrevealed that the…
This must be the strangest DUI defenses I have ever heard of… but it’s true. It came to my attention when I read an article about a Boston man who was driving, seemingly drunk. The police didn’t believe him when he told them his “drunkenness” was caused by a medical…
Earlier this year, two friends, Giao Pham and Andy Lynn, were visiting San Diego from San Francisco. The two men stopped at a local San Diego bar. At the same time and in the same bar, a young San Diego woman, Alondra Marquez, was drinking with her friends. Messrs. Pham…
Here’s a story that could happen to anyone who makes the decision to drive drunk: In 2012, Ryan pleaded guilty to driving under the influence. It was his first DUI. As part of his guilty plea, he was provided with a Watsonadvisement. The Watsonadvisement was introduced in California following…
One of the potential hazards of a DUI offense is the “Habitual Traffic Offender” designation. Even one DUI combined with other violations within a 12-month period can trigger a habitual traffic offender charge. There are several DUI-related conditions that make a driver a habitual traffic offender: One of the…
The American Automobile Association Foundation for Traffic Safety recently released the results of its annual Traffic Safety Culture Index. Among the findings is that 70 percent of the respondents believe driving under the influence of cannabis is very dangerous or extremely dangerous. While this is a significant percentage, it…
Ketogenic (Keto) and low carbohydrate diets are among the more popular eating lifestyles these days. Someone on a strict Keto or other low carb diet metabolizes energy differently than a person who is eating a normal amount of carbs. The liver of a person on such diets breaks down…
Two years ago I wrote about the national movementtoward lowering the per se BAC to 0.05%. Since then, Utah has become the first state to write the 0.05% per se BAC into law. There is a bill pending in the California legislature, which is currently referred to Committee (AB-1713),…
What is a “Per Se” DUI? What does a DUI “per se” actually mean? “Per se” is a Latin term meaning “by and of itself.” Under California law, a blood alcohol level (BAC) of 0.08% is by and of itself considered driving under the influence. (For some drivers such as…
I’m sure you’ve seen the billboards: “Report Drunk Drivers. Call 9-1-1.” The CHP and other agencies even have tips for spotting and reporting a drunk driver. So, let’s say you see a car weaving somewhat on the road and you suspect a drunk driver. You call 9-1-1 and report…