DUI Breath Test “Blow Hard” Instruction Improper On January 23, 2013 a SC judge ruled that the instruction to “blow hard” when administering a DUI breath test invalidated the results and ruled it inadmissible in court. The court noted that “There is simply no way to avoid the unavoidable conclusion that instructing a subject to …
“Blow hard” instruction in DUI Breath Test Improper. Read More »
On January 9th, 2013 the U.S. Supreme Court heard arguments in Missouri v. McNeely on whether police may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Facts Missouri police initiated a traffic stop …
U.S. Supreme Court Hears DUI Warrantless Blood Draw Case Read More »
On April 17, 2013 the U.S. Supreme Court in Missouri v. McNeely answered the question of whether police can obtain a nonconsensual warrantless blood sample from a person accused of DUI. The answer is Yes, police will have to get a warrant first (most times). The court held “that in drunk-driving investigations, the natural dissipation of alcohol in …
