DWI Law Blog for Orange County, New York

Last week, the National Transportation Safety Board made a startling recommendation. We discussed the matter on this DUI defense blog and how the NTSB suggests that all states should implement a stricter drunk driving limit of 0.05 versus the current 0.08. While the idea has ignited surprise and annoyance among many, at least one New York lawmaker is not ruling out the law's future in the state.

Over a decade ago, Sen. Charles Fuschillo wrote the legislation for New York that led to the enactment of the 0.08 blood alcohol limit. Then it was a move to a state that became tougher on drunk driving. This recent NTSB recommendation could possibly lead to an intensified fight against so-called impaired driving.

Deciding to plead guilty to a criminal offense is a big deal. It's a decision that should be made after thorough thought and honest discussion with a criminal defense attorney. Country music superstar Randy Travis made the bold move of pleading guilty to DUI after he was arrested last year.

When a criminal defendant pleads guilty to a charge, he often does so in order to avoid potential serious sentencing and also might hope that his cooperation will sway the court to treat him favorably. Travis reportedly is fighting to have part of his plea deal followed, but the media might be a tough competitor.

Most drivers now know that the general rule is that if someone is driving with a blood alcohol concentration of 0.08, they will be charged with drunk driving. It is true in New York as it is true in other states across the country. States used to have more varied BAC laws, that is until the federal government offered its two cents on the issue.

States would lose funding if they didn't agree to the stricter 0.08 limit; and now The New York Times report suggests that future funding could depend on whether states adopt a further, stricter BAC limit as law. If enacted, the suggested BAC limit change could put many more people in the path of a drunk driving charge.

New York is tough on drug crimes, including the use and sales of marijuana. We are no Colorado or Washington, where getting one's hands on marijuana is a bit easier due to more lenient marijuana laws. But the legalization of pot doesn't make for a free-for-all in those states.

Colorado in particular is in the process of enacting a new DUI law that stems from its changed drug laws. House Bill 1325 was recently passed and puts in place a sort of standard similar to the standard used for drunk driving investigations.

What is part of your everyday work routine? What do you do when you get into the office besides refill a mug of coffee? Do you punch a time card? Do you log in to your email? Do you blow into a Breathalyzer test?

As odd as the last question might sound, New York bus drivers are facing the potential of having to take a breath test in order to perform their jobs every day. Lawmakers have used recent DUI incidents involving school buses in New York in order to propose a controversial anti-drunk driving bill.

As if there weren't already enough problems related to DUI arrests in New York, Swedish scientists have reportedly come up with a device that the U.S. would likely be happy to adopt. Breathalyzers have resulted in false drunk driving arrests. Would the world be so willing to accept a new breath test that supposedly finds drugs on a person's breath?

According to WebMD, Swedish scientists claim to have found success in testing a new breath test. Tests have reportedly identified various kinds of substances in subjects system, ranging from heroin to different types of prescription drugs. The tests were taken up to a day since the subjects used the drugs.

It would be no surprise to many New York residents that this blog may write about how Breathalyzer tests can be faulty when determining what a person's blood alcohol level is. Police usually like to point to breath test results as irrefutable evidence that someone was driving under the influence of alcohol. But what if the Breathalyzer showed that the driver's blood alcohol content was below the legal limit of 0.08?

This happened recently to a prized prospect of the New York Yankees. Many die-hard Yankee fans are likely already familiar with Mason Williams, who is considered by many to be one of the Yankees' top prospects in its farm system. Williams was arrested this week in another state for misdemeanor driving under the influence. The drunk driving charge could lead to jail time.

You may know her as one of America's sweethearts. Unfortunately, her family has had a little run-in with the law. Former Oscar winner Reese Witherspoon has been arrested after her husband, Jim Toth, was pulled over and arrested for drunk driving. She faces charges for disorderly behavior.

Sources report that the actor was mouthy to authorities when the couple was pulled over in their vehicle. Now, Witherspoon's husband faces a charge for driving under the influence (DUI) after driving in the wrong lane. Witherspoon was subsequently arrested for disorderly conduct, according to sources.