Breath Test: September 2009 Archives

September 11, 2009

Washington Supreme Court Rules in DUI Blood Draw Case

The Washington State Supreme Court ruled in City of Seattle v. St. John
that police can obtain a warrant to perform a blood draw on a DUI suspect even after that suspect refuses a blood alcohol content (BAC) test. The court ruled that neither the implied consent statue, due process, nor equitable estoppel preclude an officer from seeking a search warrant. Justice Owens authored the opinion, joined by all but the two dissenters: Justice Sanders and Justice Johnson.

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September 6, 2009

Anyone Can Get a DUI, Even a Nun

People make mistakes. Clients often come to me horrified that they have been charged with a DUI. I tell them that good people can make mistakes. Perhaps they will be more inclined to believe me when I tell them that a nun from Long Island was charged with DUI after crashing her church's van into a tree. She registered a BAC of .18, over twice the legal limit. An open container of alcohol was found in her church vehicle. Anyone, simply anyone, can make a mistake.

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