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17May 2016

Your Waiter May Cut You Off

A new law being proposed in California would allow servers of alcohol to cut off their customers if they believe the customers have had too much to drink. This may sound like it would hurt tips, and it may, but it does have logic behind it. The wait staff would be trained so that there will be objectivity on the part of the wait staff in...

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17May 2016

Are You Entitled To An Independent Blood Alcohol Level Test?

If you are arrested for DUI, most states will require you to submit to either a breathalyzer or blood alcohol test. Naturally, one may be suspicious (and perhaps for good reason) of the equipment and lab that the police use. Therefore, you may be entitled to have a private lab of your choice conduct your blood alcohol test. Most defendants do not know that it...

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26Feb 2016

Constitutionality of DUI Test Laws Come Before Supreme Court

Minnesota has made it a crime to refuse a DWI test. So, if you are suspected of DWI and refuse, say, a breathalyzer, you will be arrested and charged with a crime. What is before the Supreme Court here is the following issue: Since a breathalyzer is a "search" being conducted without a warrant, is it legal? The Supreme Court will hear arguments pro and con...

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26Feb 2016

Is the BAC Limit Low Enough?

The National Transportation Safety Board has come out in favor of lowering the national BAC limit for impaired driving. Currently, the national limit is .08. However, the NTSB claims that impairment starts well before an individual has reached the current limit and, in actuality, the limit should be lowered to .05 - or more! Given that one out of three highway deaths involve alcohol impairment, they...

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26Feb 2016

Sometimes the Drunk Driver Isn't The One Driving

An interesting case occurred in Los Angeles. An officer noticed a car driving erratically on a side street. He pulled the car over expecting to find a drunk driver. Instead, he found a nine-year-old girl behind the wheel - with her drunk mom sitting beside her and her mom's boyfriend (also drunk) in the back seat. Apparently the woman thought that having her sober daughter drive...

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