Category Archives: Minor

Supreme Court Changes Rules for Police in DUI Arrests Just Ahead of July 4th Weekend

DUI Law UpdateGenerally, there are three ways that a police officer can test you for blood alcohol concentration (BAC) during a traffic stop. They can sample your breath, blood, or urine, however breath and blood are by far the most common methods used. In addition, all states have an implied consent law, which means that by driving on the road, you have agreed to submit to BAC testing. The implied consent laws also lay out punishments for refusing to submit to BAC testing. …Read more

Public Drunkenness: When One More is Too Much

bottles with alcoholA person can be convicted of public drunkenness if he appears “in any public place manifestly under the influence of alcohol or a controlled substance…to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.”

Unlike the charge of Driving Under the Influence (DUI), there is no defined blood-alcohol limit for intoxicants before someone can be cited for public drunkenness.  That is because there is no requirement in the law that police perform chemical analysis or other tests to determine whether a person is objectively under the influence of drugs or alcohol.   …Read more

Alarming Information Regarding Arrest Records

criminal record borderA criminal record is perhaps impediment or barrier in the areas of job prospects, employment advancement, educational opportunities, and the ability to secure credit and government assistance. Beyond these tangible implications are the social stigma and embarrassment of being labeled a “criminal.”

It is important to know that a record is created upon arrest, not just conviction. In fact, …Read more

A Word of Caution Regarding Shared Medical Information

The phrase “doctor/patient confidentiality” is often used to refer to the various legal protections that guard the privacy of communications between people and their physicians.  HIPAA strictly regulates what a doctor can disclose and to whom.  Additionally, patient-physician privilege laws prevent a doctor from disclosing information learned about a patient in the course of medical treatment, unless certain circumstances apply.

One such exception to the general rule of privacy involves mandatory reporting …Read more

Warrantless Search of Cell Phone Now Prohibited

Police search and seizurePolice can no longer search through a person’s cell phone simply because it is in their possession when they are arrested.

The United States Supreme Court recently issued decisions in two cases that limit the scope of searches incident to arrest when it comes to cell phones. …Read more

Can Breathalyzer Phone Apps Tell Whether You Are Legally Drunk?

Breathalyzer Mobile AppsMore and more people are buying portable devices to test blood alcohol level. They’re small enough to fit in your pocket, and affordable, costing as little as $50. And they’re easy to use: plug them into your smartphone and blow to see your blood alcohol content on the spot.  The companies say these apps will help you make smart decisions. But police say they can be unreliable, and, in some cases, could lead to drunk driving.

NBC national investigative correspondent, Jeff Rossen looked at three such apps (Breathometer, Alcohoot, BACtrack Mobile) and compares them to official police Breathalyzers. …Read more