14Oct 2016

New DUI Legal Developments

There were two interesting development in DUI law recently that may impact Vermont and other states over time. The first is that in Tennessee, the state had a lower BAC (blood alcohol content) limit for those under 21 than for those over 21, but the federal government said it did not go far enough. In a landmark decision, the federal government stated that all states must have their under 21 BAC limit set to .02, or lose federal funding. This decision caused the Tennessee legislature to go into emergency session to amend their DUI BAC law limits. The other development of interest is that a North Carolina judge ruled recently that cell phone evidence could be used against a DUI suspect to prove their activities the night of their arrest. This could open the door to cell phone seizures nationwide, which raises a multitude of constitutional and privacy issues. We will be watching this one closely. Remember, never operate a vehicle if you are under the influence of any substance.