Total DUI

North Carolina DUI laws will be strengthened starting Friday. A Judge’s discretion in DUI cases will constrained. Judges will now be required to take a breathalyzer test showing a BAC of 0.08 or higher as presumptive evidence of DUI. The new law also makes it illegal for anyone under 21 years of age to drink alcohol.   Any person buying an 8 gallon keg of beer will need a permit allowing state authorities to trace alcohol suppliers to underage partygoers.

Other changes in North Carolina’s DUI law include increasing penalties for involvement in fatal or injury causing accidents; providing authorities better access to medical information in DUI cases; and broadening the definition of DUI to include evidence of illegal drugs in a driver's bloodstream.

There is a similar law in Washington State. The judge must "assume the truth of the state's evidence" in reference to the breath ticket. RCW 46.61.506.

Our State Supreme Court heard an argument that this law was in violation of separation of powers. Our grand "elected" body found that our Legislature can tell our courts what they can and cannot do in their own courtroom.

Some much for justice. This ruling will impact other areas of law. It will some bite some attorneys in the backside soon.

I was picked up for a DUI for medication that I have to take. I was speeding and trying to get home before it hit. Now I am beining charge with a DUI and speeding. For medication I have to take.