Can the keto diet trick a breathalyzer into a false positive?
A DUI case in Texas was recently dismissed. The defendant performed well on a field sobriety test, but the police breathalyzer pegged him at well above the limit. According to his defense attorney, the...
View ArticleDoes breath test refusal use violate self-incrimination clause?
The Supreme Court of Georgia has just made an interesting ruling in the area of DUI. When someone refuses to take a preliminary breath test offered by police, that refusal cannot be used against them...
View ArticleIn the near future, cars may not allow drunk or dangerous driving
An array of cameras and sensors in upcoming Volvo vehicles could allow the cars to detect drivers who are intoxicated or who seem to be driving erratically or distracted. If bad driving is detected,...
View ArticlePotentially faulty blood test vials could jeopardize DUI cases
At least 7,800 DUI and other cases involving blood tests could be in jeopardy in Houston alone after a recall of blood testing vials. The Houston Forensic Science Center announced recently that a small...
View ArticleSCOTUS: Warrant not needed for blood draw on unconscious driver
In the 2013 case of Missouri v. McNeely, the U.S. Supreme Court ruled that subjecting someone to a blood test, which involves a needle stick, is much more intrusive than subjecting them to a breath or...
View ArticleSoon all new cars could come with breathalyzers
If you’re convicted of driving drunk in Tennessee, the court is likely to order you to install an ignition interlock device (IID) on your car. Much like a roadside breathalyzer test, an IID requires...
View ArticleCan you challenge a high breathalyzer reading?
Yes, under the right circumstances. Breath testing machines are not magic. They can be broken, miscalibrated or operated incorrectly. If you think your breathalyzer test was unduly high, you should...
View ArticleState court finds Fourth Amendment protects unconscious drivers
Last year, the U.S. Supreme Court ruled that, when a drunk driving suspect becomes unconscious, it creates “exigent circumstances” that make it unnecessary for the police to obtain a warrant for a...
View ArticleDo I have to cooperate with sobriety checkpoints?
In Tennessee, law enforcement has the legal authority to set up sobriety checkpoints. These are blocked areas of the road where every driver, or every few drivers, is stopped so officers can try to...
View ArticleDo you have to submit to a breath or blood test?
If the police stop you on the road, there is a risk they might suspect you of driving under the influence of alcohol. Police will request drivers to perform field sobriety tests, which often involve...
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