The Hawaii Supreme Court recently addressed the right of a DUI suspect to communicate and consult with counsel under Hawaii law. Following his DUI arrest, the defendant was affirmatively advised that he was not entitled to an attorney before submitting to any tests to determine his breath or blood alcohol…
The Colorado Supreme Court recently upheld the state’s expressed consent statute in three consolidated DUI cases in which warrantless blood draw evidence was suppressed by the trial court. The cases dealt with various elements of the expressed consent law. Colorado’s expressed consent statute states that any driver on Colorado roads automatically…
The Minnesota Supreme Court recently held the Fourth Amendment requires law enforcement to secure a warrant before requiring its citizens to submit to a blood or urine test, meaning Minnesotans can now lawfully refuse such a search when law enforcement doesn’t have a warrant. The Minnesota ACLU heralded the decision.…