Daniel Hynes

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There have been a lot of celebrities arrested for DUI lately. This case is interesting in some of the potential "defenses" the person has tried arguing.

http://www.tmz.com/2013/03/20/farrah-abraham-arrested-dui-teen-mom-mtv/

"Farrah blew a .147 -- nearly twice the legal limit, according to the police report.

She went on TMZ Live days after the arrest and claimed she did nothing wrong -- that people had been feeding her drinks ... she was "put in a bad situation" by her sister ... was only re-parking her car ... she had a sober friend with her ... plus she had a bad cough and couldn't blow properly."

If her State is one that requires a public way element to DWI, then parking a car, might be a defense if she was on private land. Put in a bad situation, sounds like a poor defense, but at some point, someone can argue competing harms. For example, if you are driving to a hospital, that might be justifiable DWI (In hundreds of cases, I have never presented a justifiable DWI defense, so it is incredibly rare). Finally, many things can affect the result of a breath test. Not sure how having a sober friend with her is any sort of defense (if anything it could make the situation worse). Instead of arguing a bad cough, a better argument would be that she consumed couch medicine with contained alcohol. Overall, I am guessing her lawyer is not very happy about her making these statements. If you are arrested for DWI, please exercise your right to remain silent until you speak with a lawyer.

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In New Hampshire if you are found guilty/plead guilty to aggravated DWI, or subsequent offense dwi, the interlock is mandatory. It is discretionary in other cases.

http://autos.yahoo.com/blogs/motoramic/why-life-breathalyzer-blows-those-caught-drinking-driving-163809209.html

"About 1.2 million Americans were arrested for driving while under the influence in 2011, and drunk drivers cause roughly a third of the fatal accidents on U.S. roads every year."

"

All states have laws requiring some convicted drunk drivers to use ignition interlock devices, and in 14 states, you have to blow to drive after your first offense — and in some states, can be required even after an arrest that doesn't end in a DUI conviction. Such systems not only keep cars from starting if they sense alcohol, but can keep track of a driver's tests and be customized by authorities for different levels of warnings.

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http://news.yahoo.com/diet-regular-choice-alcohol-mixer-affects-intoxication-210556806.html

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The simple choice of whether or not to mix liquor with a diet or regular soda may affect how intoxicated you get, a new study suggests.

In the study, men and women ages 21 to 33 who drank vodka mixed with diet soda had breath alcohol concentrations that were 18 percent higher after 40 minutes compared with people who drank the same dose of vodka mixed with regular soda.

In fact, after three to four drinks, people who used diet soda as a mixer had a breath alcohol level that exceeded the legal limit for an adult operating a motor vehicle. People who used regular soda in their drink did not.

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http://eastprovidence.patch.com/articles/dui-attorney-pleads-not-guilty-to-second-drunk-driving-charge

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An East Providence lawyer who specializes in DUI cases pleaded not guilty in 6th District Court on Thursday, Jan. 17, to East Providence police charges that she was driving drunk when her vehicle struck another vehicle on Warren Avenue.

It is the second time she has been charged with a DUI in the past year – the first time was in Barrington last March."

"She was charged on Sunday evening, Jan. 13, after her vehicle reportedly crashed into a parked vehicle at 512 Warren Ave. Officers reportedly found her behind the wheel of her SUV crying, confused and with slurred speech."

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http://www.huffingtonpost.com/2013/01/22/drunk-driving-permits-ireland_n_2527800.html?utm_hp_ref=world

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The Kerry County Council in southwest Ireland has passed a controversial measure that could make it legal for some rural drivers to get behind the wheel after knocking back a few stiff drinks.

While only three council members voted "no" on the proposed legislation, five apparently support the creation of special permits for driving in sparsely populated areas while intoxicated, according to the Guardian.

Nationwide, Ireland has been cracking down on drunken driving, according to Irish news outlet Independent.ie, which reports that drivers are now allowed only 50mg of alcohol per 100ml of blood, "equivalent to drinking less than one pint of beer." But permits proposed in the Kerry measure would allow rural residents to consume "two or three drinks," per the Guardian."

It is interesting to note even this proposed law would still be harsher than the law in place in New Hampshire. Throughout the country, the BAC level for adults is usually .08. Many countries in Europe are tough and have a much lower BAC limit such as .02 or .05.

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