CBS recently covered a Drunk Driving Simulator in Sykesville, Maryland that is aimed at teaching teens a lesson. The program places special goggles on the teens, and has them drive through a course. One teen reported that she thought she was doing good when in reality she “drug a cone through half of the course.

This is the second time the Community Crime Prevention Institute has held a DWI simulator course for teens. Their main goal is to “send a sobering message.” The timing couldn’t have been more perfect, as summer is just around the corner, the DWI rates are going up, and as far as underage drinking goes, the more prevention the better. One “crime prevention specialist” involved in the effort states the timing is perfect since prom season is upon us, and statistics show that 70% of fatalities among 15-20 year-old drivers involve the use of alcohol.

Recently New York got another taste of a drunk driving simulation, but it was much different than that which was experienced elsewhere. Instead of a simulator, a Long Island high school put on a full drunk driving accident on their football field, including police, firefighters, and students participants. The students witnessed a real DWI crash scene, in which a drunken teenager was driving on prom night and crashed his car. The driver was uninjured and did field sobriety tests, another went through the windshield and died instantly, the last passenger was stuck in the back seat.

Teenagers who actually went to the high school were the participants, which sparked real emotions amongst the audience. One of the most striking moments was when the parent of the dead teenager arrived on the scene, emotional, and screaming at the teenage driver. The real life emotions had an extraordinary impact on the audience. (To see the video visit CBS New York). Read More »

Recently blood tests for DWI cases have made the news. At issue is whether police need a warrant before requiring a DWI suspect to a blood test. U.S. Supreme Court ruled in Missouri v. McNeely that in “drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.” Okay, so what does this mean?

This means that if the police want to take a blood test to determine blood alcohol levels, they must get a warrant. The Supreme Court explained that in no case could they establish a “per se” rule that would allow an officer to have blood withdrawn without a warrant, unless exigency required it. The only time this will be allowed is if a recognized exception applies, and it is reasonable based on the “totality of the circumstances.”

In Missouri v. McNeely, McNeely was stopped by a Missouri police officer after noticing “several signs that McNeely was intoxicated” (signs: “bloodshot eyes, slurred speech, and the smell of alcohol”). McNeely then performed poorly on the field sobriety tests and refused an on-site breathalyzer test. Subsequently, McNeely was arrested and was taken to the police station where he refused the breath-test again. The officer then took McNeely to a nearby hospital for blood testing. The officer failed to secure a warrant.

McNeely then refused to consent to a blood-test after the officer explained to him “that under state law refusal to submit voluntarily to the test would lead to the immediate revocation of his driver’s license for one year and could be used against him in a future prosecution.” (citing Mo. Ann. Stat. §§577.020.1, 577.041 (West 2011). The officer then proceeded without a warrant and had McNeely’s blood drawn in which his BAC registered at 0.154 percent. Read More »

Every so often the news reports of celebrities getting DWI arrests. This month in particular several celebrities and notable members of society have made headlines. According to NY Daily News, one of the “Yankee’s top minor-league prospects, was arrested…and charged with driving under the influence” this week in Tampa, Florida. New York Yankees general manager confirmed the arrest but did not comment.

Reese Witherspoon’s husband made news when he was pulled over and arrested for DUI. However, news outlets have been focusing more on Ms. Witherspoon’s behavior rather than her husband’s arrest. According to NY Daily News,Witherspoon “invoked her celebrity status” and Witherspoon “questioned whether the officer was a real cop.” Further, she “threatened” that he would “be on national news” if they arrested her husband. Witherspoon later went on record apologizing about the situation and the surrounding circumstances.

Al Michaels, NBC Sports broadcaster was arrested earlier this month for a DUI in California, after he was stopped at a Santa Monica DUI checkpoint. According to reports by TMZ and NY Daily News, Mr. Michaels blew a 0.08, and 0.09 in two separate breathalyzer tests conducted at the scene. California’s legal limit is 0.08, putting Michaels just over that threshold, leading to a misdemeanor DUI charge.

Kevin Hart openly stated on Twitter a day after his DUI arrest that “[d]rinking & driving is not a game or a laughing matter…People have lost lives because of stupid… decisions such as drinking and driving.” It is refreshing when celebrities take their arrests seriously. Hart was arrested in April for DUI, and “did not hesitate to admit to his wrongdoing.” Read More »

Traditionally, law enforcement authorities have requested that motorists suspected of intoxication perform sobriety tests, such as walking a straight line, putting a finger to the nose, or balancing on one foot, in order to corroborate their conclusion of intoxication of the motorist based on objective findings. In addition to any physical tests, chemical tests for intoxication are commonly used to either bolster and corroborate police opinion testimony of intoxication or, in those states that set presumptive blood alcohol intoxication levels, to demonstrate that a motorist’s blood alcohol level exceeded the permissible level. Due to its portability, the handheld breathalyzer machine is the most common chemical testing device used to determine a driver’s blood alcohol content (BAC).

The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person’s breath with the use of a chemical reaction. A breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol. A breath test to measure blood-alcohol level, administered with an approved device, is required in many states for persons operating motor vehicles involved in accidents, or which are operated in violation of any traffic laws.

In New York State, it is illegal to operate a vehicle with a BAC over .08. If the driver is under the age of 21, the limit is .02.

New York’s implied consent law states that any person who operates a motor vehicle in the state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood. Thus, you give consent to a chemical test simply by driving in the state. Read More »

Everyone makes mistakes, and it is easy to see how one of those mistakes could involve a DWI at some point in anyone’s life. While the attorneys at Anelli Xavier are avid about Binghamton DWI defense, we also caution our clients against repeating the same mistake. Multiple DWI offenses land offenders in more hot water with each subsequent offense. And while this has always been true, the increased crackdowns enacted since September 2012 in our state make the consequences more dire, and the prospect of lifelong effects an even stronger reality. If you are charged with one Binghamton DWI, the smart decision is to live and learn and not to repeat the same offense. Unfortunately, many people do not learn this lesson, often because they have an underlying problem preventing them from keeping their alcohol consumption in check and making the appropriate situation-based decisions.

One would think that being arrested, spending any amount of time in jail, facing the prosecution and court, and the expenses and effort associated with the consequences of a DWI would be enough of a deterrent; however, this is not always the case.

Reminder: Multiple DUI Consequences
It’s an old story from 2011, but it illustrates how some offenders just don’t take their offense seriously enough. Wilbert Elvy, age 46 at the time of this offense, was arrested not once, but twice in the same night for a DWI. Just hours after his first offense and subsequent release from jail, his SUV was spotted weaving down the road again by the same arresting officer. Elvy was quickly carted back to jail and posted bail shortly thereafter. Read More »