Problems in Measuring a DUI Breath Sample

When my daughter was still a toddler, I was strapping her into the child safety seat of an overheated car when she began to blow small breaths. It took me a moment to figure out what she was… Read More

4th of July DUI Checkpoint Video

H/T Michael Bruckheim

The “Stationary Shelter” Doctrine in Maryland DUI Cases

Although I am not even sworn in yet, I think I am going to like Maryland practice. I noticed while studying for the bar that the discovery rules are far more encompassing – and rational — than in… Read More

Judge Epps Now Handling DUI Calendar

I just made my first appearance in front of Judge Diana Epps in Room 116.  She took over the DUI calendar for D.C. Superior Court last month after Judge Knowles was sworn in as associate judge. Based on… Read More

On Developing a Trial Persona That Works for You

One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop many of the skills we needed to become successful trial lawyers, they could… Read More

These Are People’s Lives We Are Dealing With

The urine test comes back negative for alcohol, and I chuckle at my newfound belief in the accuracy of the much maligned urine tests. I wonder briefly how the police officer will explain the notations in his paperwork… Read More

D.C. v. Loftus: Operating On A Suspended License Is A Strict Liability Offense

Driving without a license has long been a strict liability offense in D.C. That is, in order to secure a conviction for this offense, the government need only prove that you didn’t have a driver’s license at the… Read More

Same Standard, Different Penalties for Drinking-and-Driving in DC

D.C. Superior Court judges, prosecutors, and defense attorneys have traditionally treated the criminal offense of Operating While Impaired (OWI) as if it were a lesser-included offense of Driving Under The Influence (DUI).  Although a specific standard for OWI… Read More

Emergency Legislation Results in Tougher Drinking-and-Driving Laws in D.C.

A new D.C. law, which took effect on August 1, 2012, has increased penalties for people convicted of driving while intoxicated (DWI), driving under the influence (DUI) and operating while impaired (OWI).  For example, the penalty for a… Read More

The “Imaginary Line” in the Walk-and-Turn Test

Q:  Now, officer, let me turn to the walk-and-turn test. A:  Okay. Q:  You testified on direct that Mr. Smith stepped off the line three times.  That is, he stepped off the line twice on the way down,… Read More