Assuming the driver does not make any statements, does not take the Field Sobriety Tests or the PAS test as discussed in Part I, what happens? Detain the Driver/Transport to the Station There are good cops, bad cops, and a

Perhaps the most common question I receive about DUI’s is what to do if your stopped? Many believe there are magic bullets that will prevent them from being charged. Clearly, short of drinking and driving in the first place, the

Next time someone inquires how I can defend an “[alleged] drunk driver?” …in part, consider this recent news story of a cop manufacturing over 200 DUI arrests and making extra money as a result. This conduct is cropping up in

Mel Gibson’s 2006 conviction for DUI was expunged today by a Los Angeles Judge. Expungements are available for many offenses when one completes the terms of probation and otherwise stays out of trouble. However, an expungement is not entirely what

Sobriety checkpoints are becoming all to common and are frequently used before major holidays and sporting events. I am frequently asked about the legality of these checkpoints. In California, police departments use sobriety checkpoints at various times and to varying

An Austin American Statesman article recently addressed the issue of blood alcohol test refusal. According to the article, in Texas, politicians, prosecutors and judges refused blood alcohol tests 100% of the time when stopped for suspicion of DUI. The average

Recent court rulings demonstrate the problems and issues with breath test machines and reliability. If the defense is unable to obtain information about how these machines actually work, and whether they are reliable, how can the legal system rely on