FindLaw Blotter - The FindLaw Crime and Criminals Blog

Recently in DUI/ DWI Category

Depending on where you're pulled over, there are a varying amount of consequences for refusing a field breathalyzer test. In just about every state, your driver's license may be immediately revoked upon refusal. In some jurisdictions, prosecutors might be able to point to that refusal as an implicit admission of guilt, while in others, prosecutors may not comment on the refusal at all.

And in some Chicago-area counties, police may start fast-tracking warrants for a blood draw.

5 Driving Myths You Should Know

We here at FindLaw have heard our fair share of driving stories, tips, and tricks -- especially when it relates to traffic laws, the police, and the legal system. So whether you're about to hit the road or smarting from a ticket you don't think you deserve, check out our favorite five driving myths.

DUI With a Child in the Car: What Are the Legal Consequences?

While DUI laws vary from state to state, most -- if not all -- states treat DUIs more seriously if the driver has a minor in the car while driving under the influence. A woman in West Virginia, for example, who was recently arrested for a DUI with her 18 month old child in the car, is now facing charges for child neglect for creating risk of injury, which is a felony.

She's also been charged with driving under the influence with an unemancipated minor in the vehicle. As can be seen from this woman's arrest, getting a DUI with a child in the car can result in more serious legal consequences than driving alone or with an adult in the car.

Is 'Autopilot' a Defense to a Drunk Driving Charge?

Technology may be breaking barriers, but that doesn't mean drivers should be breaking laws. A San Francisco Bay Area driver, charged with driving under the influence after being found asleep behind the wheel on the Bay Bridge last week, apparently claimed that his Tesla was on autopilot when confronted by the California Highway Patrol.

That might be a new one, but it wasn't a successful one. As the C.H.P. noted on Twitter afterward, "no it didn't drive itself to the tow yard."

With few exceptions, every state set the blood-alcohol bar for drunk driving at .08 percent. And most state alcohol consumption laws are similar, as well. But states are, pardon the pun, all over the map when it comes to marijuana enforcement, ranging from therapeutic CBD oil use only in severe medical cases to legalized recreational use. So it's only natural that state laws regarding marijuana-involved drugged driving offenses would vary as well.

California, which just legalized it starting this year, also announced it would eschew a standard THC limit on high driving. So how do cops know when a driver is too high?

California once prohibited any licensed liquor manufacturer or seller from offering any gift or free goods in connection with the sale of any alcoholic beverage, as a way to prevent bars, brewers, and distillers from enticing over consumption of their product. That extended to giving patrons a free ride home if they were too tipsy to get behind the wheel.

But no longer. A new law allows alcohol manufacturers and licensed sellers to offer free or discounted rides to drinkers via ride-sharing services, cabs, or other ride providers to make sure they get home safely. Designated drivers, rejoice!

Top 5 Holiday DUI Tips

The holiday season is a time for celebrating and for spending time with family. And where there are celebrations, libations are sure to follow. But all that holiday drinking doesn't need to lead to drinking and driving charges.

Here are some general legal tips and holiday-specific advice for avoiding DUIs this holiday season, from our archives:

When you're being read your rights and advised of the law, you want that information to be accurate; especially if English isn't your native tongue and you're relying on a translation of your rights. But a Massachusetts woman is claiming that a local police department "has for years used an erroneous and unlawfully coercive Spanish-language advice of rights form in connection with arrests and prosecutions of Spanish-speaking Hispanic individuals" for DUI-related offenses.

And this is two years after the local district attorney admitted the form was a problem and would be working with the police department to "rectify it." Now the woman is suing the city, the police department, and the district attorney in federal court.

When we normally think of drunk driving arrests, we get images of cars swerving on the highway, DUI checkpoints, or, worse, accidents. These are all instances out on the public's highways and byways where we expect police to be patrolling and where the danger to other drivers can be serious.

Some of us think that if you can make it home before getting pulled over, you can avoid a DUI. Or that you can't be charged with drunk driving if you never left your own property. But that might not be the case. The Michigan Supreme Court ruled this week that prosecutors can proceed with DUI charges against a man found intoxicated behind the wheel in his own driveway.

We all know our mobile devices can affect our attention spans, but what about our sobriety? Well, a new law in Washington State plans to treat cell phones as an intoxicating substance, banning the use of any electronic device while driving, even if you're stopped at a traffic light.

Referred to as a DUI-E, offenders can be nailed with a $136 fine for a first offense, and $234 for any subsequent offenses within five years. Here's a look at the latest effort to crack down on distracted driving.