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Breath Test Refusal/Implied Consent Archives

SCOTUS: Warrant not needed for blood draw on unconscious driver

In the 2013 case of Missouri v. McNeely, the U.S. Supreme Court ruled that subjecting someone to a blood test, which involves a needle stick, is much more intrusive than subjecting them to a breath or urine test. Therefore, it is a more serious intrusion into the person's Fourth Amendment rights against unreasonable searches and seizures.

Potentially faulty blood test vials could jeopardize DUI cases

At least 7,800 DUI and other cases involving blood tests could be in jeopardy in Houston alone after a recall of blood testing vials. The Houston Forensic Science Center announced recently that a small portion of a lot of 240,000 vials were manufactured without a required preservative that keeps blood from clotting in the vials.

In the near future, cars may not allow drunk or dangerous driving

An array of cameras and sensors in upcoming Volvo vehicles could allow the cars to detect drivers who are intoxicated or who seem to be driving erratically or distracted. If bad driving is detected, the vehicle could take action by slowing down, contact an assistance service or even pull over and park, the company said.

Does breath test refusal use violate self-incrimination clause?

The Supreme Court of Georgia has just made an interesting ruling in the area of DUI. When someone refuses to take a preliminary breath test offered by police, that refusal cannot be used against them in the DUI trial. The justices reasoned that using a refusal against the driver would violate the Georgia Constitution's protection against self-incrimination.

Can the keto diet trick a breathalyzer into a false positive?

A DUI case in Texas was recently dismissed. The defendant performed well on a field sobriety test, but the police breathalyzer pegged him at well above the limit. According to his defense attorney, the reason was completely innocent: he was on the keto diet, and it had skewed his breathalyzer results.

Improperly calibrated breath testing machines do occur

Most DUI arrests and convictions are based on the results of a breath testing machine such as the Intoximeter, Intoxilyzer, Alco-Sensor or Alcotest. As a result, attorneys defending DUI cases often question the accuracy and validity of the breath test. These machines can cause inaccurate results when they are used by untrained personnel, used improperly, or calibrated improperly, as well as in some other circumstances. When evidence suggests the machine may have been used or calibrated improperly, the test results may be found inadmissible.

Can prescription pain meds land you behind bars?

Pain can make life complicated. It isn't always visible and it can be difficult to treat. It can make everyday life difficult. When you finally reach a point where the pain is under control, it can seem like it is only a matter of time before the treatment stops working and the process will have to start all over again.

What can happen at a DUI roadblock in Tennessee?

Whether your night out included alcohol or not, there is a moment of hesitation when you're driving home and see a sign for a DUI roadblock ahead. With the street full of officers and patrol vehicles to enforce the roadblock, the situation gets intimidating quickly.

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