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Tag Archives: chemical tests

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

Suppression Of Evidence Following Birchfield

The United States Supreme Court’s recent holding in Birchfield v. North Dakota (2016) ___ U.S. ___ (Docket No. 14-1468) presents some new angles for defending DUI charges in California. Birchfield holds that in the absence of lawful consent under the Fourth Amendment, the police may not forcibly extract a blood sample from a DUI suspect or threaten a jail sanction in order to coerce consent to blood testing. If they do not obtain free and voluntary consent, they must get ... Read More »

Suppressing Chemical Test Results

You were arrested on suspicion of driving under the influence and told you were required to submit to a chemical test of your breath or blood. You may have also been told you had no right to speak with an attorney before deciding whether to submit to one or the other. There may be legal grounds under the Fourth and 14th Amendments to the United States Constitution to suppress the test results from evidence. The seminal case of Missouri v. ... Read More »