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Forced Blood Draws, DUIs, and Suppression of Blood Evidence under the Fourth Amendment

        DUI  Blood Draws Justified on grounds of Exigent Circumstances under the Schmerber and  McNeely decisions.    In Schmerber v. California (1966) 384 U.S. 757, the US Supreme Court determined that a warrantless compulsory seizure of blood for the purpose of a blood-alcohol test did not offend the Fourth Amendment if the procedure:  (1) is…

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New Interlock Requirements to Take Effect January 2019 in DUI Cases – The Good News and Bad News

As of September 28, 2016, Governor Brown approved a new regime governing restricted licenses in DUI cases. Currently, for a first time DUI, there is a mandatory “hard” suspension period of 30 days, after which the driver can apply for a restricted license if they: (1) Show proof of SR-22 insurance; (2) Pay an administrative…

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