Tuesday , January 26 2021
Home / Tag Archives: blood tests

Tag Archives: blood tests

Blood, Breath and Birchfield v. North Dakota — Why it matters

On June 23, 2016, the U.S. Supreme Court published an important decision affecting our right of privacy.  Birchfield v. North Dakota[1] was presented to the highest court in the land due to the enactment of legislation in several states that penalize DUI  suspects who refuse to submit to a chemical test with not only drivers’ license suspension or revocation, but also criminal penalties. Such laws present the accused with an impossible choice—forgo the constitutional right to be free from warrantless ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »

California Highway Patrol Will Stop Forced Blood Draws In Wake Of Missouri v. McNeely

In Missouri v. McNeely, the United States Supreme Court rejected the government’s argument that the possible dissipation of alcohol in a DUI suspect’s blood  will always create an exigent circumstance justifying a warrantless blood draw.  In an 8-1 decision, the Court held that the 1966 decision Schmerber v. California did not establish a per se exception to the requirement of a search warrant to forcibly extract blood from an unwilling DUI subject.  The Court ruled that while the dissipation of ... Read More »

US Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

New Tennessee DUI Defense? Many persons charged in Tennessee with the crime of Drunk Driving (DUI/DWI) may have a new defense in their arsenal.  On April 17, 2013 the United States Supreme Court ruled that the natural metabolization of alcohol in the bloodstream does not present a per se [automatic] exigency that justifies an exception to the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, the court determined that exigency in this context must ... Read More »