Tuesday , November 19 2019
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Missouri DUI News

Unconscious Consent

Our right to be free of unreasonable searches and seizures just moved a step closer to extinction. The most recent U.S. Supreme court case to carve deeper into the Bill of Rights was Mitchell v. Wisconsin. DUI laws in most states allow a person to refuse a chemical test of their breath or blood although there is typically a civil penalty (ie. potential loss of driving privileges). On June 27th the United States Supreme Court ruled that Gerard Mitchell’s blood ... Read More »

Outdated Breathalyzer Keeps Police Work Cheap in St. Louis

DWI enforcement in St. Louis, Missouri, has come to rely increasingly on the estimated Blood Alcohol Concentration (BAC) number produced by an aging technology. The Alco-Sensor IV (ASIV), manufactured by Intoximeters, is a portable breathalyzer device used by police officers to test driver’s the police suspect are intoxicated. At 1/3 the price of other evidentiary devices, police departments love the ASIV. The other advantage St. Louis area police find in the ASIV is that it is portable. All other evidentiary ... Read More »

No Warrant, No Blood

The United States Supreme Court held in Missouri v. McNeely that forcing an unwilling suspect to have their blood drawn without first securing a warrant is a violation of their Fourth Amendment rights. The Supreme Court concluded that the exigency exception to the warrant requirement did not apply in routine DUI cases because the simple fact that blood alcohol levels dissipate over time did not constitute an emergency. In drunk-driving investigations, officers must typically take the suspect to a medical ... Read More »