Month: July 2020
State court finds Fourth Amendment protects unconscious drivers
Last year, the U.S. Supreme Court ruled that, when a drunk driving suspect becomes unconscious, it creates “exigent circumstances” that make it unnecessary for the police to obtain a warrant for a blood test. This was after having found in a previous case that the police generally do need a warrant to obtain a blood
Can you challenge a high breathalyzer reading?
Yes, under the right circumstances. Breath testing machines are not magic. They can be broken, miscalibrated or operated incorrectly. If you think your breathalyzer test was unduly high, you should bring your concerns to an experienced DUI defense lawyer. Late last year, the New York Times published an investigation into how reliable breath testing machines actually are. The investigation