Oct

31

Kings Coach Apologizes for Sacramento DUI Arrest

By Guest Attorney

Eric Musselman, rookie head coach of the Sacremento Kings recently apologized for his arrest on DUI charges. Musselman failed three field sobriety tests and allegedly had a BAC of 0.11, above the legal limit of 0.08.

Oct

30

Texas DUI Crackdown at the Bar

By Guest Attorney

The Texas Alcoholic Beverage Commission, along with Irving Texas police officers, raided 36 bars. About 30 bar patrons were arrested for public intoxication. Some of the patrons were subjected to breath tests while still inside the tavern.
Agents declared that the raids were an effort to reduce Texas DUI problems. A Commission agent said some inebriated bar patrons “end up killing themselves or someone else” after departing the businesses.

Oct

27

Florida DUI Cases Dismissed Due to Computer Technicality

By Guest Attorney

In 2005, hundreds of Florida DUI cases with breathalyzer tests indicating a BAC over the legal limit, were thrown out by Seminole County judges because the State of Florida could not provide the source code for the breath test machines used to test DUI defendants. The company that makes the machines refused to allow the State access to its computer programming asserting that the source code for its machines is a trade secret. The judges invalidated the defendants’ breath tests because prosecutors could not prove the accuracy of the machines without the source code.

Oct

26

Tucson DUI Jury Doubts Arizona Hoopster’s Breath Test

By Guest Attorney

Hassan Adams, a member of the New Jersey Nets NBA basketball team and a former player for the University of Arizona was found not guilty of DUI by a Tucson jury. His DUI jury accepted the arguments that Adams’ breath test was taken on a breathalyzer that was not the latest machine and had a built-in margin of error and that a person’s physiological situation could affect his BAC reading was enough to create a level of doubt. Adams had been suspended by his coach for last year’s Pac-Ten basketball tournament.

Oct

25

Road Side Breath Test Ruled Inadmissible Evidence in New Mexico DUI Case

By Guest Attorney

The New Mexico Court of Appeals recently threw out DUI evidence when the arresting officer was unable to testify in court about how the road side breath-testing machine he used during the arrest was maintained to assure its accuracy. Without the officer’s testimony regarding the maintenance and accuracy of the breathalyzer, the breath test was inadmissible as evidence against the driver. The driver was consequently acquitted and the charges dropped.

Oct

24

MADD Joins With Miss America to Reduce DUI

By Guest Attorney

Mothers Against Drunk Driving and the Miss America Organisation has launched a national partnership between MADD and Miss America 2006, Jennifer Berry to reduce DUI. As a new MADD Spokesperson, Ms Berry will promote her platform Building Intolerance to Drunk Driving and Underage Drinking. In 1999, a teenage friend of Ms Berry died when the underage driver of the car in which she was a passenger lost control of the car and crashed. The teenagers had been drinking at a nearby lake and were headed to another party. The other teens in the car were uninjured, but Ms Berry’s friend did not have her seatbelt fastened.

Oct

23

Microbrews May Increase DUI

By Guest Attorney

Sometimes a beer is not just a beer. While Coors Original contains 5.0 percent alcohol by volume, microbrews can range up 17.5 percent for a Sam Adams Triple Bock. Most microbrews range between 5 and 10 percent alcohol by volume. Most microbreweries serve their beer in pint glasses, rather than 12 ounce glasses. So, going to the microbrewery can increase your alcohol intake and your chances of DUI.

Oct

22

Brief Intervention Can Reduce College Alcoholism

By Guest Attorney

Studies conducted by groups such as the World Health Organisation have shown that brief interventions, even by internet or email, can reduce alcoholism and DUI by college students. The WHO discovered that just 5 minutes of simple advice delivered to people identified as problem drinkers in Australia could cut consumption by more than 25 percent.
San Diego State University’s Check-up to Go intervention tool consists of a feedback form that asks students about how much money they spend on alcohol, family risk, DUI, and how much the student drinks compared to the general student population. Another common feedback tool consists of comparing the calories in a drink to a cheeseburger.

Oct

20

College President Out of a Job Following DUI Arrest

By Guest Attorney

The President of St. Joseph College in West Hartford, Connecticut is taking an indefinite medical leave of absence following her arrest for DUI. The school’s president did not specify the exact nature of her medical leave. A college trustee said only that she is taking a voluntary leave “to address issues related to my health.”

Oct

20

Troopers Make DUI Arrest in Their Own Headquarters

By Guest Attorney

A truck driver employed by the Tennessee Highway Patrol showed up at the THP Knoxville Tennessee headquarters drunk. Troopers say he checked in with a receptionist and she noticed a strong odor of alcohol. She notified another trooper, who then asked the driver to perform several field sobriety tests. After failing these field tests, he was given a breath test indicating a BAC of 0.12.
The truck driver was hauled off to jail. A trooper called being in a police building, around police officers, in the trucker’s condition, “kind of ridiculous behavior.”

Oct

19

Woman charged with DUI while riding a horse

By Guest Attorney

A Georgia woman was charged with DUI after she steered her horse onto a highway and tangled with a car. The rider was hospitalized and the driver and passengers of the Pontiac Bonneville involved were treated and released.
A State trooper justified charging the rider, but not the horse, with DUI, stating: “If it’s on the public right-of-way, you’re under the same jurisdiction as if you’re in a car.”

Oct

18

Pete Coors Pleads Guilty to DUI

By Guest Attorney

Beer magnate and former candidate for the US Senate Pete Coors had his driver’s license suspended for three months from the date of his arrest for DUI when he pled guilty to driving while alcohol impaired, a lesser version of DUI. Coors was arrested in May with a breathalyzer reading of 0.088 BAC. Coors was also ordered to pay a $200 fine, $495 in court costs, and attend Mothers Against Drunk Driving (MADD) courses at his expense.

It is typical in Colorado to allow a drunk driver to plead from DUI to DWAI when he has no previous arrests for DUI and does not have an excessive BAC.

Oct

18

Pennsylvania DUI Dismissed on Technicality

By Mary Ann

A Pennsylvania DUI case was dismissed this week after the prosecuting attorney failed to ask a police witness to identify the defendant. The driver, whose BAC was more than three times the legal limit in Pennsylvania, cannot be retried.

Oct

17

Australians Give New Meaning to DUI Saturation Patrols

By Mary Ann

There’s been much debate among U.S. jurisdictions about whether DUI road blocks or saturation patrols are more effective in stopping drunk driving. It seems, though, that U.S. drivers don’t even know the meaning of a true “saturation patrol”. Victorian police are patrolling Australian side streets with breath test machines on foot, in unmarked cars, on bicycles, and even on horses.

Oct

16

Mel Gibson: DUI Arrest was “A Blessing”

By Mary Ann

Mel Gibson told Diane Sawyer this week that his recent DUI arrest was a blessing, saying that he’d needed “public humiliation on a global scale” to get sober.