Posts Categorized: Driving Under the Influence

What does it mean for a vehicle to be operable and why is the important when talking about a DUI?

Can you get a DUI if your car is not operable?  When is a car considered inoperable? Colorado courts have addressed this question.  The standard that the courts have followed is whether the vehicle is “reasonably capable of being rendered operable”. People v. VanMatre, 190 P.3d 770, (Colo. 2008). This designation is important because it… Read more »

For the purpose of a DUI or DWAI charge, what is the meaning of “Driving”?

When facing allegations of a DUI or DWAI it is important to know key terminology. Obviously both charges involve “driving”, whether it is driving under the influence or driving while ability impaired. The word “driving” is an important and sometimes misunderstood term that is pivotal to both offenses. It can be confusing because you do… Read more »

Risk Reward of Police Body Cameras

Discussion about police body cameras is on the rise in the wake of incidents involving police misconduct.  Body cameras are not required, but more and more officers are wearing them.  Footage captured on the cameras protects citizens from police misconduct and protects officers from allegations of misconduct. But a recent investigative report on the Today… Read more »

Judge Dismisses DUI – Woman Claims Her Body Brews Alcohol

A judge in Hamburg, New York dismissed a DUI case against a woman who claimed a unique medical condition – a condition that causes her body to brew alcohol.  The condition is called “gut fermentation syndrome” or “auto brewery syndrome.”  The syndrome causes the body to convert carbohydrates found in food into alcohol.  When the… Read more »

10x DUI Offender Sentenced

A judge in Weld County handed down the first felony DUI sentence in the county.  In August, a new law took effect, making a fourth DUI in a lifetime a class 4 felony.  The Weld County defendant had 9 prior alcohol or drug related driving offenses.  Cumulatively, he had spent 12 years on probation and… Read more »

DUI Law Struck Down by Hawaii Court

Hawaii’s Supreme Court struck down a law that may result in dismissal of over 3000 DUI cases.  The Court held that a law that criminalizes refusal of a blood or breath test violates a driver’s Fourth Amendment protection against unreasonable search and seizure. A 2011 law made it a crime, punishable by up to 30… Read more »

5 Common DUI Questions

We pride ourselves in offering individualized attention, not only to clients, but everyone who calls us seeking possible representation.  People who call our office or submit questions through our website will always speak with or be responded to by a lawyer.  Everyone’s case or issue is unique, but there are a few questions we get… Read more »