This argument, commonly referred to as the “relation back” or “rising curve/BAC” defense argument, acknowledges that under Virginia law, the results of a breath test are rebuttable. In other words, if a person’s BAC is .08 at the time of the test, Virginia law creates a rebuttable permissible inference/presumption that it was also a...
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DUI BLOG
- Two Years in Solitary….for Being Arrested for DUII don’t even know where to start with this one…. Man Spends 2 Years in Solitary After DWI Arrest Dona Ana County, NM. Jan. 25 – A New Mexico man who said he was forced to pull his own tooth while in solitary confinement because he was denied access to a dentist has been awarded $22 […]
- Do Breathalyzers Discriminate Against Alcoholics?It may not surprise you to find out that alcoholics arrested for DUI will generally have higher blood-alcohol readings. It may surprise you, however, to learn that individuals having the disease of alcoholism will generally have higher blood-alcohol readings because they are alcoholics….. That’s right. It’s because the physiology of alcoholics is different i […]
- The Future Is HereComing to your state soon… B.C. Senior Snared by Draconian Drunk Driving Law Calgary, Alberta, Canada. Jan. 12 — To bully and berate an innocent senior then punish her without a trial for a crime she clearly didn’t commit. This, apparently, is what Alberta has to look forward to under draconian drunk-driving laws inspired by […]
- Here We Go Again…. “Yes, We Have No Quotas”I’ve mentioned in the past that police agencies across the country use DUI arrest quotas — and almost uniformly deny the practice. See, for example, DUI Quotas, "Yes, We Have No DUI Quotas" and "Inside Edition" Documents DUI Quotas Across U.S.. The latest example of this supposedly non-existent practice: Drunk-Driving Quota Case May Lea […]
- Drunk Driving vs Distracted, Drowsy or Drugged DrivingI’ve received feedback concerning my post five days ago (Let’s Define the Objective: Preventing Drinking — or Traffic Fatalities?), and there seems to be some skepticism concerning the relative dangers of drunk driving versus driving while either distracted, drowsy or drugged. As I said in my post, the focus should be on the relative dangers […]
- Let’s Define the Objective: Preventing Drinking – or Traffic Fatalities?As I’ve mentioned in past posts, six years ago Mothers Against Drunk Driving changed their "Mission Statement" from one of preventing drunk driving to a dual goal: preventing drunk driving — and underage drinking (regardless of driving). See, MADD Continues Shift Toward Prohibition. Clearly, the focus is on alcohol rather than on preventing injur […]
- How to Get Road Rage Revenge — and Make a Quick BuckNeed an easy $100? Just use your cell phone and report that guy who’s been tailgating you… Call in Drunk Driver, Get Paid $100 Chicago, IL. Dec. 21 – This holiday season, you can earn a little extra cash by reporting suspected drunk drivers on the roads. The Alliance Against Intoxicated Motorists (AAIM), an anti-drunk driving […]
- Why Do Police Always Destroy Breathalyzer Evidence?As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations. What is the single most important piece of evidence in most drunk driving cases? The breathalyzer test. In fact, it’s the only evidence of the crime of driving with over .08% […]
- Coercing Breath Tests With Threats of PainI’ve written in the past about the growing practice of forcibly taking blood from a drunk driving suspect, sometimes done by a cop in the field. See, for example, Taking Blood by Force, Forced Blood Draws by Cops: Constitutional?, Forced Blood Draws by Cops Spreading, Blood Draws in the Back Seat by the Dashboard Light and Forced Blood […]
- MADD’s Mothers Hitting the Bottle?Mothers Against Drunk Driving has been very successful in pushing for lower blood-alcohol levels, Draconian criminal penalties, widespread roadblocks, unreliable evidence — and eroding our constitutional rights in the process. See, for example, The DUI Exception to the Constitution and DUI, MADD and the "New Prohibition". However, it would appear […]
Latest Story
Rising Blood Alcohol Level (BAC) Defense in Virginia DWI/DUI Cases
The Partition Ratio – The Potential Fallacy of the Breath Machine in Virginia DWI/DUI Cases
The main problem with the ER/IR II (the breath testing machine currently used in Virginia) is that, like all breath testing machines, it has to make certain assumptions about people in general. The problem with any assumption is that all people are not alike. The...
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What is 46.2-862 Reckless Driving in Virginia?
There are many different reckless driving statues in Virginia. The two most common forms of reckless driving cited in Northern Virginia are Va. Code Sections 46.2-862 and 46.2-852. Virginia Code Section 46.2-862 provides that “A person shall be guilty of reckless driving who drives...
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Will a Virginia Reckless Driving Conviction Eventually Come Off My Record?
A conviction for reckless driving will eventually come off of your Virginia DMV record after 11 years. However, it will NEVER be removed from your permanent criminal record (NCIC...
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What is DWI vs. DUI in Virginia?
DWI (driving while intoxicated) and DUI (driving under the influence) are essentially the same thing. In Virginia, DWI and DUI are defined by code section 18.2-266. Under this code...
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