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Tag Archives: DUI defense

Nurse Arrested for Protecting Unconscious Patient from Illegal Blood Draw

United States Supreme Court decisions sometimes have a greater impact on daily life than citizens may realize. On June 23, 2016, the decision Birchfield v. North Dakota[1] changed the procedure on how law enforcement is supposed to request a blood draw from those suspected of committing a crime such as driving under the influence. The key phrase here is that it changed how law enforcement is “supposed to” handle drawing blood. As a recent news story from the Washington Post ... Read More »

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

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 »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »

Will .05% Become the New National Legal Limit?

On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%.[1] On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation.  The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve.[2] This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »

Just How Robust is the Horizontal Gaze Nystagmus Test?

What does it mean for something to be robust? Some of the synonyms of the word “robust” are strong, sturdy or powerful. In 2007 the National Highway Traffic Safety Administration (NHTSA) undertook a study to see just how “robust” or “powerful” the Horizontal Gaze Nystagmus Test was in the prediction of blood alcohol levels in humans. The study was titled “The Robustness of the Horizontal Gaze Nystagmus Test”, Southern California Research Institute, in conjunction with the U. S. Department of ... Read More »

What Actually Happens In Your Body When You Get “Drunk”?

Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

DUI by Prescription Drugs

During your next visit to your doctor, she prescribes a muscle relaxer, or a “nerve pill” or cough syrup (your choice). You stop by the pharmacy and take the prescribed amount while there because you need immediate relief. On the way home, you are stopped at a red light when you are rear-ended. Once the police arrive, you are ultimately arrested—even though you did nothing wrong! Can this be legal? Unfortunately, it occurs far too frequently. Most people are unaware ... Read More »