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Blog Posts in October, 2014

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  • On Halloween weekend, increased DUI enforcement likely in effect
    On Halloween weekend, increased DUI enforcement likely in effect

    Halloween is being celebrated this weekend. For kids across West Virginia, Friday night will be their chance to don costumes, head out into their neighborhoods and collect candy. But kids aren’t the ...

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  • Implied consent laws: What do they have to do with breathalyzers?
    Implied consent laws: What do they have to do with breathalyzers?

    In our post last week, we mentioned what are called “implied consent” laws. You have probably heard that term before but may be unsure of what it means. Today, we’ll talk about what these laws ...

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  • No DUI blood test without a warrant, appellate court rules
    No DUI blood test without a warrant, appellate court rules

    The Constitution’s Fourth Amendment protects Americans from unreasonable searches and seizures by law enforcement. Courts have long held that a person has the greatest expectation of Fourth ...

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  • Court rules for DUI defendant not allowed to challenge test results
    Court rules for DUI defendant not allowed to challenge test results

    Say that you are pulled over by an officer who suspects drunk driving. After field sobriety tests, the officer administers a breath-alcohol test (commonly called a breathalyzer). The results show that ...

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  • DUI traffic stops and your Fourth Amendment rights
    DUI traffic stops and your Fourth Amendment rights

    We have previously written that drunk driving charges can be challenged if evidence may have been tainted, tests may have been administered incorrectly or the traffic stop was not legitimate. Today, ...

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