Category Archives: Drug or alcohol testing

NM: “Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.”

“Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.” State v. Storey, 2017 N.M. App. LEXIS 75 (Sept. 28, 2017):

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NY4: Drug testing condition of probation unenforceable without showing def needs it

Defendant’s drug testing condition of probation is unenforceable because there were no findings of drug or alcohol abuse in his past to justify it. People v. Saraceni, 2017 NY Slip Op 06732, 2017 N.Y. App. Div. LEXIS 6746 (4th Dept. … Continue reading

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NE: Birchfield was decided day after def’s DUI conviction; GFE applies

Defendant was convicted of DUI the day before Birchfield was decided, and he moved for a new trial. The trial court denied the motion, and he appeals. The good faith exception applies to that which happened before Birchfield (without even … Continue reading

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MI: Consent to draw blood includes consent to test it

Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 … Continue reading

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Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

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A.F.Ct.Crim.App.: Retest of inconclusive UA was reasonable

The military judge erred in suppressing the results of a second “reinspection” UA administered as a base protocol after a first UA after an AWOL come up positive, diluted, or inconclusive. It was a reasonable command imposed requirement. United States … Continue reading

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OH5: SW needed to obtain blood results from hospital’s blood draw

Defendant’s blood draw in the hospital was for medical purposes, and a search warrant was required to get access to that information. Trial court affirmed. State v. Saunders, 2017-Ohio-7348, 2017 Ohio App. LEXIS 3640 (5th Dist. Aug. 23, 2017). Playpen … Continue reading

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Wisconsin Public Radio: Wisconsin Department Of Health Services Gets Input On Drug Testing For Food Stamp Applicants

Wisconsin Public Radio: Wisconsin Department Of Health Services Gets Input On Drug Testing For Food Stamp Applicants by Patty Murray: In the last budget, the state Legislature approved a measure requiring able-bodied adults with no dependents to be screened for … Continue reading

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KS: Delay from police and EMS attending rural motorcycle accident was exigency to dispense with BAC warrant

The state showed probable cause for DUI and exigency to dispense with a warrant. Defendant crashed his motorcycle in a park parking lot, and the bike hit a pedestrian. The officer arrived more than 10 minutes after it happened was … Continue reading

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OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

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WA: Random UAs valid as condition of probation for DUI

“At issue in this case is whether a court may require a probationer convicted of driving under the influence (DUI) to submit to random urinalysis testing (UAs) for controlled substances. In particular, this issue centers on whether this testing violates … Continue reading

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PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privilege doesn’t apply in … Continue reading

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