Michigan Woman Violates Terms of DUI Probation but Caught after Bragging on Facebook
Colleen Cudney, 22, was arrested on her first DUI charges in 2012. She was convicted, but sentenced to probation, during which she agreed she would not indulge in any alcoholic beverages. After this year’s St. Patrick’s Day celebrations, she was called in for a random Breathalyzer test. Although she had been drinking the day before, she reportedly passed.
Instead of quietly enjoying her victory, however, Cudney bragged on Facebook: “Buzz killer for me, I had to breatalyze this morning and I drank yesterday but I passed thank god lol my dumbass.”
Unsurprisingly, her probation officer quickly found the Facebook post. Cudney received a phone call to come in for a urine test, but – in worse violation of her probation – she hung up the phone and did not come in.
Cudney has been arrested for violating her DUI probation rules. Although she only had a few weeks left on her DUI sentence, Cudney now faces up to 93 days in jail. She is due in court on Tuesday, April 1st.
Breathalyzer Test Results As Evidence in South Carolina DUI Case
The question as to the reliability of breathalyzers has become a topic of great debate. Breathalyzers, or breath analysis, are one of the tools most commonly used by law enforcement to determine if someone is driving while under the influence of alcohol above the legal limit.
Opinions regarding the reasons for the inconsistencies involving breathalyzers vary. The thermometers in the breathalyzers have been cited for some of these inconsistencies. A woman in Washington took her 2002 case to the Washington Supreme Court citing the unreliable nature of thebreathalyzers, specifically the thermometer used in the breath test.
Officers often use breathalyzers to establish probable cause in order to bring DUI suspects in for blood testing at a local hospital. While many experts have concerns about the accuracy of breathalyzers, they are used frequently when officers stop DUI suspects. However, police officers must follow a specific procedure to administer the test.
- South Carolina law dictates that the police officer’s video camera must begin videotaping as soon as the officer turns the blue lights on.
- Prior to administering the breathalyzer test the officer must have read and provided the implied consent notice, stating the consequences of a refusal to submit to a blood test, urine test, or breath test. Learn more about challenging breathalyzer tests.
- Roadside or field sobriety tests (FST) must have been properly administered, for the result to be used in court. Inaccuracies with FSTs are widespread and commonly challenged. Learn more aboutchallenging field sobriety tests.
Hire a DUI Lawyer to Challenge Your Breathalyzer Test
The criminal defense lawyers at the Strom Law Firm, LLC provide a free consultation to discuss the facts of a DUI case. Founded by a former U.S. Attorney, the team at Strom Law also includes a former Public Defender, and a former Assistant Attorney General and Richland County Assistant Solicitor. It’s awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience. Contact us today for help with your DUI case. 803.252.4800.