Criminal Defense

We’ve been looking in recent posts at a recent Supreme Court decision which held that states may not impose criminal penalties upon DUI suspects who refuse to submit to blood testing. Taken together, the recent ruling and the McNeely decision mean that law enforcement officers must ordinarily have a warrant before taking a blood draw, and may not criminally punish…

Previously, we began looking at a recent U.S. Supreme Court ruling which held that states may not, under constitutional law, impose criminal penalties for a drunken driving suspect’s refusal to submit to a blood test. The case is significant not only because of the impact it will have upon the enforcement of drunken driving laws, but also because of the…

Search and seizure issues are important to explore when building a defense in drunk driving and drug cases. Despite the public safety risks posed by drunken driving and drug trafficking/use, criminal suspects still have constitutional rights that need to be protected. While law enforcement generally does its job well, there are cases where officers push the limits of established procedures…