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Friday, April 26, 2019 2:04:59 PM
If a warrant is not properly obtained before police take a blood sample for BAC testing, your OUI lawyer can file a motion to suppress the results from evidence.
Your case can be better positioned for dismissal or an acquittal if the blood-alcohol content (BAC) is kept out of evidence due to lack of a search warrant or your consent.
The Supreme Court of the United States also decided a DUI case that dealt with implied consent laws and refusal statutes. In this decision , the SCOTUS ruled that criminalizing a driver’s refusal to submit to BAC testing undercuts the notion of voluntary consent. Free and voluntary consent is an acceptable exception to government searches and seizures.
As a result, States cannot make separate crimes for DUI test refusals. Nor can they impose criminal punishments and penalties for a refusal.
Bottom Line the court systems will need an accurate device to set standardization for "THC" impairment or courts will run 24/7 with litigation issues/confusion once attorneys find loopholes and Constitutional rights violations etc etc, whether it's Cannabix or not something is needed IMHO
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