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Articles Posted in Defending DUI Cases

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SD University Study Finds BAC Below .08% Can Still Impair Drivers

UC San Diego sociologist David Phillips and coauthor Kimberly M. Brewer completed a study comparing blood alcohol content (BAC) and injury and death-related vehicle accidents, according to nbcbayarea.com. The results were published in the journal “Addiction.” The study examined official data from the Fatality Analysis Reporting System (FARS). The dataset…

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DUI For Being Under The Influence In A Horse-Drawn Buggy?

Can being under the influence while in control of the reins of a horse-drawn buggy subject you to the drunk driving laws in California? Yes, it may! In Pennsylanvia, two people were allegedly in control of the reins of a horse-drawn buggy that ended up in the path of a…

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DUI Breath Test Machine, The Intoxilyzer 8000, Challenged In Court

San Diego Police Department uses the Intoxilyzer 8000 to test the breath of suspected drunk drivers after they have been arrested. Not only are these tests used in San Diego and in other cities across California, but in other states such as Arizona, Florida, and Ohio. Ohio is now challenging…

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Biking While Intoxicated, Can I Get Arrested For Drunk Driving?

While intoxicated, Richard W. Walker, 20, was riding a dirt bike in the street in Channahon, Illinois. He was arrested and charged with DUI and other crimes, according to heraldnews.suntimes.com. In California, it is illegal to be under the influence of an alcoholic beverage or drug, or a combination of…

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Drunk Driving Charges For Vice Mayor of San Carlos

San Carlos’ Vice Mayor Andy Klein was arrested and charged with DUI in the early hours of May 13th, 2011, according to mercurynews.com. Allegedly, Klein was parked on the exit ramp of northbound Interstate 280 at Edgewood Road when a San Mateo County sheriff’s deputy stopped thinking the parked car…

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Defective Breathalyzers, DUI Cases Could Be Dismissed Or Overturned

The Alco-Sensor V Breathalyzer, used by law enforcement as a preliminary alcohol screening test (PAS), was recently purchased and put into use in every law enforcement agency in Ventura County to replace the older Alco-Sensor IV model. However, the blood alcohol results from the newer model have been found to…

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Forced Blood Draws In DUI Cases, Courts Deciding On The Legality

The Florida Fifth District Court of Appeal heard arguments this week on whether law enforcement can forcibly draw blood from certain DUI suspects. Currently, Florida law allows forced blood draws without a search warrant in suspected drunk driving cases involving death or serious injury. In this case, no injury or…

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San Diego Officer Suspected Of Drunken Driving And Hit And Run

Another San Diego Police Officer, David Hall, is under investigation, according to 10news.com. This time for allegedly being involved in a hit-and-run crash while driving under the influence. Hall is suspected of driving his GMC Yukon SUV into a Chevrolet Suburban on northbound Interstate 805 just north of Murray Ridge…

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SD Cop Investigated Drunk Drivers Then Requested Sexual Favors, Open DUI Cases Dismissed?

San Diego Police Officer, Anthony Arevalos, was arrested and charged with 10 felony counts including sexual battery by restraint, receiving a bribe, assault and battery by an officer, and false imprisonment involving three alleged victims. The investigation continues and more charges may be filed as more than nine women may…

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Stopped For Drunk Driving, Breath Or Blood Test Results Over .08%, Plead Guilty?

You are pulled over by a police officer suspected of driving under the influence. You take a breath or blood test. The result — .12 (or even higher). You are over the legal limit of .08% blood alcohol content (BAC) and you are arrested and charged with Vehicle Code Section…

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