May 22, 2008
- Austin Police are getting a new BAT Bus - in hopes of catching more DWIs
The City of Austin has decided to replace their current BAT Bus (Breath Alcohol Test Bus) with a new improved BAT Bus.
The city agreed to buy a breath alcohol testing bus so officers don’t have to make the trip to the county jail.
The new Bat Bus will have to stations for Intoxilyzer 5000s as well [...]
May 21, 2008
- Pilot finds out the hard way that the Atkins diet can affect the Breath Test
A Virgin Atlantic pilot was removed from a transatlantic flight after failing a breathalyser test. He has finally been cleard of this charge after it was discovered that his low-carbohydrate diet triggered a false reading.
Subsequent blood tests on the pilot showed a blood-alcohol reading of just over a fifth of the limit set for [...]
May 20, 2008
- Richie Sambora
Richie Sambora has been arrested for DUI in Laguna Beach, California. According to news reports, he was cooperative with officers and was arrested without incident. He reportedly took some field sobriety tests prior to getting arrested. It appears that in addition to the DUI, he will also be charged with child endangerment since his daughter [...]
May 18, 2008
- Wisconsin Cops Target Root Beer.
Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands.
But though they made dozens of teens take breath tests, none tested positive for alcohol. That’s because the keg contained root beer.
The party [...] - Assembling or Operating Amusement Ride While Intoxicated
Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum [...]
May 17, 2008
- Boating While Intoxicated
Sec. 49.06. BOATING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating a watercraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. [...]
May 16, 2008
- Flying While Intoxicated
Sec. 49.05. FLYING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating an aircraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. [...]
May 15, 2008
- Patrick Kennedy’s DUI-Drugs
On May 4, 2006, Kennedy crashed his 1997 Ford Mustang convertible into a barricade on Capitol Hill at 2:45AM. An official who was not on the scene said the congressman had appeared intoxicated when he crashed his car, but Kennedy claimed that he was merely disoriented from prescription medications Ambien and Phenergan. There was [...]
- Texas Driving While Intoxicated (Texas DWI) with Child Passenger
Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is [...]
May 14, 2008
- Alabama Man Gets 100 Year Sentence for DUI Crash
An Alabama man received a 100 year sentence for a crash involving alcohol and driving under the influence. Alabama prosecutors believe the accident was a result of the man's alcohol consumption and charged him with DUI manslaughter and assault. Kenneth McDaniels' wife, son and his young friend were all killed in the crash when McDaniel's car swerved [...] - Legislator Who Brought Us the Texas DWI Surcharge May Get Surcharge Himself
Talk about the pot calling the kettle black!
The Dallas Morning News has reported that the legislator that helped pass the surcharge for DWI drivers was arrested and charged with DWI himself.
Rep. Mike Krusee Charged with DWI
State Rep. Mike Krusee, a Republican from Williamson County north of Austin, was arrested for drunk driving late Wednesday. He [...]
May 13, 2008
- Boating While Intoxicated- Mississippi Law
Kevin Frye posted has followed up on the NFL's Cedric Benson's arrest for Boating While Intoxicated (BWI) in Austin, Texas. He provides the following info for Mississippi boaters:
For interested in-state boaters, I thought I'd post some information about Mississippi's Alcohol Boating Safety Act. You can see some text of the Act below - the first [...]
May 12, 2008
- Of Hypocrites and DUI
Just the most recent example of the hypocrisy of MADD's "War on Drunk Driving"…. Texas Lawmaker Who Created $3000 DUI Fine Gets a DUIAustin, TX. May 2 — A Texas state lawmaker instrumental in the passage of legislation increasing penalties on drunk drivers was himself arrested late Wednesday for driving while intoxicated (DUI). Texas State House [...]
May 11, 2008
- Texas Open Container Law- Frequently Asked Questions
As of Sept. 1, 2001, it is illegal to possess an open container of alcohol in a motor vehicle. House Bill 5, passed by the 77th Texas Legislature, makes it a Class C misdemeanor to possess an open container of alcohol in the passenger area of a motor vehicle which is on a public highway [...]
May 10, 2008
- Tougher Punishments Will NOT Deter DWIs
University of Florida researchers have deteremined that tougher punishments may not be effective in deterring people from driving drunk.
Increasing the minimum jail time keeps few drunken drivers off the road and doesn't significantly prevent fatal car crashes, according to the study, published in the journal Accident Analysis & Prevention.
The researchers examined the changes in [...]
May 9, 2008
- More on the Elusive "Float Test" for Determining Boating While Intoxicated
Jamie Spencer provides some insight into what the "float test" is for boating while intoxicated, as mentioned in the Cedric Benson DWI arrest on Lake Travis, Austin, TX:
So they're calling it a "float test" now. Never heard that one, but lemme take an educated guess at what they're talking about.
Prior to taking someone to shore, [...] - Drink, Drive, Go to Jail….that is NOT the law!
Recently, the Gregg County (Longview) sheriff made the proclimation that if you drink and drive this independence day weekend - you will go to jail.
In December 2006, Gregg County commissioners approved a grant to participate in the statewide “Drink, Drive, Go To Jail” campaign with the funding being provided by the Texas Department of Transportation. [...]
May 8, 2008
- The Truth About Ignition Interlock Devices
Here is an excerpt from a post by Lawrence Taylor that exposes the fallacies of relying on ignition interlock devices to combat driving while intoxicated:
For the past year now, MADD has trumpeted its latest solution to the drunk driving problem. After 13 years of essentially unchanged DUI-related fatality statistics (they have actually increased), MADD is now promising in [...]
- Cedric Benson of Chicago Bears Arrested for Boating While Intoxicated on Lake Travis in Austin, TX
Here is an excerpt from the Chicago Tribune story on his arrest and claims of police abuse:
Cedric Benson fully intends to fight misdemeanor charges of boating while intoxicated and resisting arrest stemming from a Saturday night incident near Austin, Texas, during which police used pepper spray to detain him.
Lower Colorado River Authority police arrested the [...] - Even a lawyer gets nervous at DWI checkpoints
Ed Poll at the Law Biz Blog gives a harrowing account of his brush with the law in Albuquerque, New Mexico. He shows how even when you know the law and know you are not driving drunk, you can still be caught in a dwi checkpoint and be very nervous about your chances of getting [...]
