Category Archives: Drug or alcohol testing

ND: Refusal for BAC test came after SW and not from impled consent law

Defendant’s refusal for a BAC test didn’t come until after a warrant issued, and the implied consent law wasn’t material. State v. Nice, 2019 ND 73, 2019 N.D. LEXIS 65 (Mar. 13, 2019). Defendant moved to set aside his plea … Continue reading

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VT: When RS for a traffic stop dissipates, the stop must end

The officer had reasonable suspicion that defendant was driving under the influence, and that justified the stop and getting defendant out of the car. It became evident, however, that reasonable suspicion dissipated, and continuing the stop after that required suppression … Continue reading

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Business Insider: This ER doctor is about to launch the first marijuana breathalyzer, and it could completely upend how we do drug testing

Business Insider: This ER doctor is about to launch the first marijuana breathalyzer, and it could completely upend how we do drug testing by Erin Brodwin

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AZ: Police relying on binding appellate precedent was subject to GFE

Police following state appellate precedent at the time of defendant’s blood test, later changed, was subject to the good faith exception. State v. Weakland, 2019 Ariz. LEXIS 56 (Feb. 25, 2019). Defendant filed what’s treated as a successor 2255 over … Continue reading

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GA: State privilege against self-incrimination prevents the state from using refusal to submit to a BAC test at trial

Under the Georgia constitution, the state privilege against self-incrimination prevents the state from using refusal to submit to a BAC test against the accused in a DUI trial. Elliott v. State, 2019 Ga. LEXIS 112 (Feb, 18, 2019). This search … Continue reading

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WA: Breath test was valid as search incident

A breath test conducted under the implied consent law is a valid search incident to arrest. The state constitution does not impose a higher standard. State v. Nelson, 2019 Wash. App. LEXIS 354 (Feb. 14, 2019). Defendant didn’t raise a … Continue reading

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PA: Any additional penalties for refusal to do a breath test violates Birchfield

Any additional penalties for refusal to do a breath test violates Birchfield. Commonwealth v. Monarch, 2019 Pa. LEXIS 346 (Jan. 23, 2019). Defendant was arrested with probable cause, and the search incident to his arrest provided probable cause for a … Continue reading

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Dept. of Labor has proposed an unemployment drug-testing rule, and comment period has closed

thefix.com: Proposed Unemployment Drug-Testing Rule Set To Be Finalized by Lindsey Weedston:

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Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Posted here: WI: Drinking and driving until unconsciousness obviates def’s … Continue reading

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CA11: Drug testing of substitute teacher applicants was reasonable

Drug testing of substitute teacher applicants was reasonable. School employment is different and protection of the environment of children is paramount. Friedenberg v. School Board of Palm Beach County, 2018 U.S. App. LEXIS 35905 (11th Cir. Dec. 20, 2018):

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IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading

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TX: Officers jumped the gun on facts for exigency based warrantless blood draw; suppression affirmed

Defendant was in a “catastrophic car crash” and was at the hospital. Officers suspected defendant had been driving under the influence. Medical treatment and IVs were expected, and a warrantless blood draw was done. It turned out that it was … Continue reading

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