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Lowell DUI/DWI Law Blog

Should the legal alcohol limit be lowered? NTSB says yes.

The notion that drivers can be impaired by alcohol without being legally drunk has been held for a long time. As such, many states (including Massachusetts) have statutes imposing criminal penalties for operating under the influence of drugs or other mind-altering substances.

While all 50 states and the District of Columbia follow the legal standard of criminalizing blood alcohol contents of .08 and above, that standard may change after the National Transportation Safety Board released a set of recommendations regarding drunk driving

Why women drive drunk

In our last post, we highlighted how Boston police are making fewer drunk driving arrests. However, other law enforcement agencies such as the Massachusetts State Police are continually taking people off the road for DWI charges.

Most people charged with driving while intoxicated are men, but a growing number of women are being arrested for the same. This post will identify some of the factors researchers have found that drive women towards this behavior.

Drunk driving arrests are down in Boston

Reducing alcohol related crashes is a goal of every law enforcement agency in Massachusetts. They understand that it takes a combination of community involvment, diversion programs, and police activity to keep the public safe. After all, when there are fewer alcohol related crimes, the risk of fatal accident is reduced as well.

The news of fewer drunk driving arrests in Boston was welcomed with both praise and skepticism. According to a BostonGlobe.com report, authorities made 241 drunk driving arrests in 2012. The number was very low in comparison to other metro areas with comparable populations. Denver, Colorado made more than 3,000 arrests, and Philadelphia police made nearly 4,500 arrests.

Michaels' DUI arrest raises questions

Al Michaels is arguably to most recognizable voice in television sports broadcasting. After a DUI stop Friday evening, he is ostensibly the most famous drunk driving defendant as well. Michaels' case is a very curious one given the circumstances, and it underscores the need for others in his position to have a skilled Massachusetts criminal defense attorney.

According to the Los Angeles Times, officers saw Michaels Make an illegal u-turn, which prompted them to stop Michaels' car. During the stop they reportedly smelled alcohol on his breath and indicated that he had slurred speech, so they asked him to perform several field sobriety tests, which he failed. He was then arrested and taken to the police station for further evaluation.

New app expedites search warrants after DUI arrests

Law enforcement agencies continue to work diligently to find ways to get drunk drivers off the road. From special enforcement periods (i.e. during holidays like Memorial Day and New Years' Day) to media campaigns, police and sherriff's departments across Massachusetts try to make sure that they catch as many drunk drivers as possible to make roads safe.

Even with these efforts, much has been said about offenders who try to escape potential criminal charges (by refusing chemical tests) and how law enforcement has responded with "no refusal" tactics. Essentially, some sobriety checkpoints include onsite (or nearby) judges who can quickly issue search warrants so that onsite nurses can take blood samples.

Be wary of teens drinking and driving during prom season

Spring brings many new things to our region to make us happy: Red Sox baseball, better weather to enjoy the outdoors, and for teenagers, it is prom season. The night of glamour and fun is anticipated all year and remembered for a lifetime. However, the proliferation of alcohol use can mar these nights.

While texting while driving has created a unique and prominent danger for teens, drinking and driving should not be forgotten. A Mothers Against Drunk Drivers survey presents some interesting information about underage drinking and teen driving habits. While less than 10 percent actually admitted drinking and driving, it is very likely that more kids are doing so. After all, many teens are unwilling to admit to some of their vices out of fear of being charged with a crime.

Former Steeler nose tackle to face trial for DUI

While most NFL news is focused on the upcoming draft, few stories are being told on the criminal charges players face stemming from incidents occurring last season. Alameda Ta'amu, formerly of the Pittsburgh Steelers, will face trial on felony charges based on an October incident where he allegedly was driving drunk when he crashed into several parked cars before running away from police.

In addition to drunk driving, Ta'amu was charged with aggravated assault as well as resisting arrest. Since the incident, he has been released from the Steelers.

The story is important given how the National Football League is viewing drunk driving incidents, especially in light of its new partnership with Mothers Against Drunk Driving.

Fatal drunk driving accident case declared a mistrial

A criminal trial involving a fatal drunk driving accident was recently declared a mistrial. The trial involved a Southwick man who was accused of being driving while under the influence of alcohol when he crashed into another car in West Springfield.

A mistrial is declared when a trial court judge finds that some legal defect prevents the trial from being completed and a proper verdict cannot be rendered. Mistrials can occur in a number of instances. The most common is the "hung jury" which occurs when jurors cannot reach a unanimous verdict. When one of the attorneys cannot continue (due to health reasons, for example) a mistrial can be declared.

NFL announces partnership with MADD

NFL Commissioner Roger Goodell has made personal conduct a central issue during his tenure. Players arrested on suspicion of drunk driving can now be suspended under the league's personal conduct policy. This policy has been especially important given the high profile incidents involving alcohol. Even casual football fans can recall the stories of Kansas City Chiefs linebacker Javon Belcher and Dallas Cowboys defensive tackle Jay Ratliff as examples of the need for institutional efforts to curb drunk driving.

An unusual dose of honesty

As Massachusetts criminal defense lawyers, we are well versed in the explanations people give when they are charged with DUI. Some have valid reasons for their contentions (i.e. they were not drunk, the breathalyzer was properly calibrated and gave an incorrect reading, the police had no reason to stop them). Others have more challenging excuses (i.e. I was in a hurry, the police were targeting me).

While we value defending people accused of crimes, it is sometimes surprising to hear how honest a person charged with drunk driving can be. When Fitchburg police pulled over a man who was driving erratically, officers noticed a can of beer in a cupholder. They asked how much the man had to drink and he responded "way too much."

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