Image source: National Eye Institute https://commons.wikimedia.org/wiki/File:Checking_Blood_Sample_(9955279835).jpg Can a patient seeking care at a hospital give a blood sample for the purposes of acquiring medical treatment while retaining their Fourth Amendment protections against unreasonable search and seizure of that sample of blood by the police? According to a recent Alabama Court of Criminal Appeals decision, the official answer is still unclear. On February 16, 2013, an Alabama driver struck and severely injured a pedestrian. The police arrived on the scene, and ... Read More »
Tag Archives: DUI Drugs
DUI Technology—The DRUID App
The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states in the U.S. have adopted the 0.08% ... 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 »
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 »
“Stoned Driving”: How Do You Measure Marijuana Impairment?
There has been a lot of media attention lately to the development of breath-testing devices that claim to provide law enforcement with the ability to detect and measure the presence and amounts of marijuana in a driver suspected of so-called “stoned driving”. The accuracy of these devices has yet to be widely-accepted in the scientific community. See, for example, Is It Possible to Prove Driving Under the Influence of Drugs? Will science and profit-hungry corporations ever be able to ... 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 »
Felony DUI Law Coming to Colorado?
Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony. A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole. The ... Read More »
Colorado DUI Case on it’s way to the U.S. Supreme Court
Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »
How a DUI/DWI Will Impact Your Travel Plans to Canada
Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »
McNeely’s Impact on Colorado DUI Laws
It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases. This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw. In doing so, the Court found (by a plurality of three Judges) that ... Read More »