DUI News

A few months ago, police officials in San Francisco faced a great deal of embarrassment when an investigation revealed that several breathalyzer tests administered to DUI suspects were flawed, a finding that threatened hundreds of DUI convictions.

This problem, however, does not seem to be isolated to San Francisco, as police departments across the country have experienced troubles with the reliability of their breathalyzer tests, according to a recent report from the San Francisco Chronicle.

An eerily similar situation happened in Philadelphia last year. There, the district attorney was forced to offer new trials to almost 1,500 people who had been convicted of driving under the influence of alcohol over a 15-month period.

This offer was made necessary by the finding in March 2011 that four different breath test machines used by the Philadelphia police department had not been adequately calibrated before their use.

San Francisco faced a similar problem with the calibration of their breathalyzer devices, but they used a different type of breath test, according to sources.

In addition to San Francisco, other California communities, such as those in Santa Clara County and Ventura County, have seen some dropped DUI convictions due to faulty breath tests, but not to the extent that San Francisco experienced.

In the city by the bay, the district attorney’s office is currently reviewing hundreds of cases dating back to 2006 to possible mismanagement of breath testing devices used by the city’s police department.

According to San Francisco Public Defender Jess Adachi, as many as 1,000 convictions could eventually be altered, although Adachi does have a bit of a skewed perspective, given that he stands to benefit from any overturned convictions.

Still, the fact that even hundreds of DUI convictions could be overturned is unnerving for judges and prosecutors alike, and it reveals the danger of relying on technology when identifying possible DUI offenders.

People who are arrested for a DUI should also note that there are a wide range of complications that could arise from a breath test, including the possibility of condensation in the device that skews the blood alcohol results, or simply misuse of the machines by poorly trained police.

A DUI arrest does not necessarily mean a DUI conviction, given the wide range of possible procedural violations or technological mishaps that sometimes plague DUI stops.

So, if you’ve been arrested for a DUI, remember that you are not necessarily convicted automatically. The court must still prove your guilt.

The DUI charges against an 18 year old Illinois woman have been increased to a felony after a person injured in an accident involving her vehicle has died. The woman failed to yield to an oncoming car while turning and the driver of the second car was pronounced dead at the hospital.
 
This is a serious problem for the driver as she has also been cited for driving without a license and insurance. The severity of this charge will certainly require the driver to retain an Illinois DUI attorney for representation in this case.  An Illinois DUI attorney is a necessity for all DUI cases to ensure that your rights are upheld through the duration of the investigation and the trial. 

The state of Illinois has some very serious punishments awaiting those who are convicted of DUI.  A first DUI conviction in Illinois carries a mandatory six month license suspension. There is also a possibility of up to a year in prison depending on other factors in the case.
 
There are many things that can go wrong with a prosecution’s case.  An experienced Illinois DUI attorney will spot the mistakes and procedural errors the arresting officers may have made during the arrest.  This valuable information will then be used to ensure the best possible verdict in your case.

In a decision that may not be popular with sailors, the U.S. Navy will soon start administering breathalyzer tests to sailors and Marines who are reporting for active duty on ships and submarines, according to an announcement made recently by Secretary of the Navy Ray Mabus.

The new tests are a small part of the Navy’s 21st Century Sailor and Marine program, which is a multi-faceted initiative designed to improve the lifestyles of members of the military.

The new initiative promotes healthy lifestyles by promoting better nutrition, heightened fitness, and responsible alcohol use. The wide-ranging program also has zero tolerance for drug use, according to a report from Fox News.

Of course, the program is not just intended to limit certain activities. It also reportedly offers programs related to topics ranging from suicide prevention, financial planning, and family and personal counseling.

These programs may be welcomed by many soldiers, but the breathalyzer tests administered aboard ships is a new, and potentially unwelcome, development.

The program, though, is a direct response to alcohol-related incidents that can “end careers and sometimes end lives,” according to a Navy spokesperson.

Sources indicate that, currently, roughly 180 active duty sailors are arrested for a DUI each month. The military believes this number is too high.

According to Mabus, the new program “is not done to punish, but to help. We want to help sailors and Marines make good choices before something happens that can’t be undone.” He also said the military’s goal is to maximize sailors’ safety, fitness, and readiness.

In addition, the Navy is concerned about sailors’ long-term healthy. According to Mabus, when “a sailor’s or Marine’s time in the military ends, whether it is after four years or 40, we want your productive life to continue and for you to leave the service in better health, more trained and better educated than when you came in.”

Sources indicate that equipment designed for alcohol screening tests will start being installed on Navy ships this month, and will continue to be rolled out through the end of 2012.

And, in response to privacy concerns given by many sailors, the breathalyzer tests given on board Navy ships would not be legally admissible in a criminal trial.

Instead, the tests are simply designed to give commanding officers notice about potential problems related to alcohol. Sources say the tests are not intended to lead to punitive measures, or criminal convictions.

One of the most frightening aspects of drunk driving laws is that a driver may feel fine to driver, and have no idea that the couple of drinks he or she had earlier in the evening resulted in a blood alcohol level above the legal limit.

It would take a superhuman effort to determine, for example, whether one’s blood alcohol level is .06 or .08, but that .02 difference divides legal driving (though impaired) from driving that is punishable by a hefty fine or jail time.

The police, though, have powerful devices that can measure blood alcohol levels with extreme precision. Thus, the average driver may not know their true level of impairment until it’s too late due to a technological disadvantage.

This fact, however, is changing. Rapid advances in technology have started to bridge the knowledge gap between police officers and drivers who have had a few drinks.

One exciting example of new personal breathalyzer technology was revealed at the this year’s Mobile World Congress, where the Japanese-based cell phone company NTT Docomo released a breathalyzer device for smartphones.

According to a report in the International Business Times, the company’s unique form of breathalyzer attaches to smartphones and uses sensors to detect alcohol concentration and the breath odor of smartphone users.

The technology, however, does have some limits. Rather than offer a precise measurement of a user’s blood alcohol level, the NTT Docomo device only ranks a user’s level of inebriation on a scale from one to five.

While this may offer some guidance to drivers who have had a few drinks, it is not accurate enough to give a definite answer about one’s level of inebriation.

Moreover, even if it did give an accurate reading, and that reading was below .08, if a police officer’s breath test later registered a level above .08, the arrestee’s prior cell phone reading would not be admissible as evidence in court.

So, the new technology is certainly not a magic device, nor should it guide users in their decisions to drive home.

No police officer will have sympathy for drunk drivers who claim that their smartphone app told them they were only a “2” on the inebriation scale.

So, even with the exciting cell phone technology, drivers still have to rely on their common sense. If you have been drinking, but not very sure about your level of drunkenness, it is best to be cautious and err on the side of not driving.

Grayslake, Illinois Police Chief Mathew McCutcheon was recently involved in an accident in Wisconsin and later charged with DUI. According to reports Police Chief McCutcheon refused to take a sobriety test and was escorted to a hospital where a blood test was administered.

Arresting officers said they smelled alcohol and witnessed the accused swaying as he was standing by his car. In the state of Wisconsin the refusal of a chemical test results in an automatic license suspension.

Prosecutors in Wisconsin can use officer testimonial as the only evidence to secure a DUI conviction. Anyone facing a DUI in Wisconsin must contact a Wisconsin DUI attorney to insure that proper procedures have been followed by the arresting officers.

In the case above the accused was also involved in an accident.  This makes it extremely important to have an experienced Wisconsin DUI attorney present at trial.  A DUI charge that involves an accident where injuries or property damage have occurred can result in a more serious set of penalties.  Having a DUI attorney on your side will ensure that your rights are upheld through the course of the trial and that you walk away from your hearing with the best possible verdict.

The University of Hawaii quarterback Cayman Shutter was recently arrested for driving under the influence. This can be especially problematic as he was expected to compete for the starting quarterback job this coming year. A DUI conviction could have negative repercussions immediately for this young athlete and continue to affect him for the foreseeable future.

The state of Hawaii has some of the strictest DUI laws of any state in the country.  A first time offender may not face mandatory jail time but the state doesn’t allow for a plea bargain for “wet reckless”.  Without the possibility of a plea bargain to a lesser charge anyone convicted for driving under the influence faces the possibility of some very severe penalties.  Hawaii also has a five year look back statute which can be troublesome if a second charge is filed at any point within five years of the first. 

This young man should undoubtedly reach out to a Hawaii DUI attorney to help him in this case. There are many viable and effective DUI defense strategies that the average citizen knows nothing about.  An experienced Hawaii DUI attorney will examine every detail of the prosecution’s case and work diligently to secure the best verdict possible.

It’s been a tough week for major league pitchers and drunk driving adventures. On the same day that fellow pitcher Bobby Jenks was arrested for a DUI, Tampa Bay relief pitcher Matt Bush was also arrested for driving under the influence.

Bush, however, may be in much more trouble than Jenks, as Bush reportedly struck a motorcycle driver who is in serious condition in a Florida hospital, according to a report from the Tampa Bay Times.

Last Thursday night, Bush was arrested by the Florida Highway Patrol for driving under the influence and feeling the scene of an accident, sources say.

According to a police report, Bush was driving a Dodge SUV at around 5 p.m. when he struck a motorcycle that was being driven by 72-year-old Anthony Trufano. During the accident, Trufano suffered numerous injuries, including broken bones and hemorrhaging in his brain.

At the time of the collision, Bush’s blood alcohol content was reportedly .180, which is more than twice the limit at which DUI laws assume a person is too impaired to drive. Because of the serious nature of the crime, police are currently holding Bush in jail without bail.

Sources indicate that alcohol issues have plagued Bush since he was drafted No. 1 overall in 2004 by the San Diego Padres. The Rays, however, chose to take a chance on Bush and had been pleased by Bush’s efforts to turn his life around.

But the team may now be regretting its decision. In an official statement, the Rays said “[o]ur thoughts and prayers go out to the victim and his family. We will reserve further comment until we learn more about the incident.”

The police report indicates that Bush told police he had a “serious alcohol problem” and that he did not remember seeing Trufano or his motorcycle before the crash.

One witness at the scene told the Tampa Bay Rays that Bush’s car drove directly over Trufano’s head, and that he was surprised the driver of the motorcycle was not dead.

Remarkably, Trufano survived the accident, although he is currently in serious condition at Lee Memorial Hospital. Trufano’s daughter-in-law told sources that the victim was able to speak, but he does not remember what happened on the night of the crash.

The daughter-in-law also expressed her disbelief that Bush fled the scene of the accident. In her words, “I just don’t understand how someone can run over someone’s head and leave them in the middle of the road.”

Lisa Steed, a Utah state trooper who earned the title of Trooper of the Year in 2007, may be guilty of violating DUI procedures in more recent cases. A challenge by an attorney on a 2010 case is pending and it may bring other cases into question.

Steed is accused of conducting a stoppage and failing to follow protocol when it comes to administering a breath test. This isn’t the first time this trooper has appeared in the news. Steed also received a bit of negative publicity in 2009 after a suspect tasering that was caught on video.

This case would not be in the news if the man arrested had not taken the proper step and hired a Utah DUI attorney. A person representing their own interests would certainly have missed the procedural mistakes made by the officer.

The state of Utah uses testimony of police officers in DUI cases and their credibility is crucial in successfully prosecuting the case. Those facing DUI charges in the state of Utah need to contact a Utah DUI attorney to make sure there have been no violations of procedure or mistakes made in their case. Enlisting the help of an experienced DUI attorney is the only way to ensure a favorable outcome to your DUI case.

Bobby Jenks, a longtime relief pitcher for the Chicago White Sox who was signed this offseason by the Boston Red Sox, was reportedly arrested this weekend for driving under the influence and leaving the scene of an accident.

Jenks was arrested at 3:43 a.m. last Friday after striking two vehicles in the parking lot of Babes strip club in Fort Myers, Florida, and then leaving the scene of the crash, according to a report from The Fort Myers News-Press.

Police charged Jenks with a DUI and two counts of DUI with property damage, in addition to the charge that alleges the pitcher fled the scene of the accident.

The Red Sox are spending the month of March in Fort Myers, where the team holds their annual spring training camp. Jenks’ drug of choice, according to reports, was muscle relaxers, which Jenks admits may have impaired his ability to drive.

Typically, DUI arrest involve drivers who have had too much alcohol to drink, but drivers can be arrested for a DUI if they are impaired due to prescription drugs or other narcotics, as well.

Sources say that the 31-year-old Jenks paid a $4,250 bond and was released by police after just five hours in their custody.

According to the police report, Jenks was driving a white Mercedes SUV when he struck a parked truck at a Fort Myers strip club around midnight. After this collision, however, Jenks reportedly sped out of the strip club parking lot.

To his chagrin, local police pulled him over roughly five minutes after the crash because he was driving erratically. Police claim that, after they pulled him over, Jenks was “shaking uncontrollably and had a difficult time speaking.” Jenks also admitted to taking “too many muscle relaxers.”

And to make his situation worse, when responding officers asked Jenks if he’d taken any other substances besides the muscle relaxers, he said, “I’m going to be honest with you, I was just leaving Babes because I hit a car. I just had to get out of there.”

After expediting the police officers’ investigation, Jenks agreed to take a field sobriety test, but he told police that he was “going to fail it,” and if the arrest is any proof, he probably did.

Though Jenks complied with a request for a field sobriety test, he told the officer, “I’m going to fail it,” according to the report.
The Red Sox have not issued an official statement on the arrest, as they are awaiting more information before decided what, if any, disciplinary actions to take against Jenks.

NBC 10 news in Rhode Island recently reported that a former Jamestown councilman has had a charge for DUI reduced to a charge of refusing to take a chemical test. He will still face fines and a six month license suspension but this plea does keep a DUI conviction off his record.

The decision to refuse an alcohol breath test is serious in Rhode Island as it brings about an immediate suspension of driving privileges. The Rhode Island DUI attorney that worked out the plea in this case knew all of the penalties awaiting his client in the event of a DUI conviction. This plea bargain was certainly in the former councilman’s best interests as it allowed him to avoid the most serious punishments associated with a Rhode Island DUI.

In order to avoid the very serious potential penalties associated with a Rhode Island DUI conviction it is imperative that those accused enlist the help of an experienced DUI attorney. The police may have used faulty equipment or failed to follow procedure when gathering evidence. An experienced Rhode Island DUI attorney will examine every detail of the case against you and will work diligently to ensure the best possible outcome to your DUI hearing.