Category Archives: Drug or alcohol testing

NPR: The Pot Breathalyzer Is Here. Maybe

NPR: The Pot Breathalyzer Is Here. Maybe by Eric Westervelt: As legalization of recreational and medical marijuana continues to expand, police across the country are more concerned than ever about stoned drivers taking to the nation’s roads and freeways, endangering … Continue reading

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MI: Def’s admission he took a sleeping pill before driving added to PC for his blood

The affidavit for the blood search warrant here included that defendant admitted taking some kind of sleeping pill before driving and getting in the accident. That was probable cause and the good faith exception applies in any event. People v. … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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E.D.Wis.: Body cam video along with testimony showed consent voluntary

The body cam video of the encounter on the street shows that the consent was voluntary. United States v. Polnitz, 2018 U.S. Dist. LEXIS 120364 (E.D. Wis. July 19, 2018).* “[T]he trial court erred in determining that, following the Birchfield … Continue reading

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D.D.C.: Random drug testing of day care employees unreasonable

Random suspicionless government mandated drug testing of day care employees unreasonable because there is no compelling governmental interest. Ass’n of Indep. Sch. of Greater Wash. v. District of Columbia, 2018 U.S. Dist. LEXIS 70146 (D.D.C. April 20, 2018), reconsideration denied, … Continue reading

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OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

Defendant was in a fatal accident and taken to the ER. The state trooper there tried to get him to consent to a blood test, and he declined. While the officer went to get a search warrant for this blood, … Continue reading

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WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent

“We conclude that Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing probable cause of intoxication. Further, through drinking to the point of unconsciousness, Mitchell forfeited all opportunity, … Continue reading

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GA: Trial judge’s order of defense counsel to be drug tested violated 4A; ADA’s SW for blood test next day was valid, however

Defense counsel appeared to the trial judge to be under the influence of something, and the judge ordered a recess. Defense counsel came back to finish the trial after a few hours, and the condition still existed. The court ordered … Continue reading

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KS: A field sobriety test is not a search.

A field sobriety test is not a search. Even if it was, this was shown to be by consent. City of Leawood v. Puccinelli, 2018 Kan. App. LEXIS 35 (June 22, 2018). This heading in the too long opinion explains … Continue reading

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D.D.C.: HR employee of DC crime lab couldn’t be subjected to random drug testing

The District of Columbia’s policy to randomly drug test virtually everybody working at the crime lab could not constitutionally apply to plaintiff, a human resources specialist there. She was fired for refusing a drug test, and received $802,000 at a … Continue reading

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DE: Facts escalated from speeding to RS of DUI leading to SW for blood draw

Defendant’s stop started with speeding 85 in a 50, and the reasonable suspicion progressed to probable cause he was under the influence. “The Court also finds that Mr. Kamwani’s performance on the field sobriety tests, the odor of alcohol, the … Continue reading

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PA: Consent to blood draw preceded any alleged Birchfield violation, so no suppression

“Here, Moser gave his consent to the blood test while he was in the patrol car on the way to the hospital. … Officers read form DL-26 to Moser at the hospital, after he had already consented to the blood … Continue reading

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