Fox News interviews Julia Jayne for her take on celebrity Anne Heche's investigation for DUI and hit and run. https://www.foxnews.com/entertainment/anne-heche-being-investigated-for-dui-whats-next...
DUI
Drunk Driving and the Fourth Amendment: How Lange v. California Limits Exceptions to Warrantless Entry
Background When Arthur Lange zipped past police – windows down, music blaring, horn honking – police got suspicious, and their suspicions only grew when Mr. Lange, ignoring the lights and loud commands to pull over, drove on. He pulled into his driveway and stumbled...
Expert Testimony on Reliability of Breath Test in DUI Excluded
The California Supreme Court affirmed a trial court decision that excluded the defendant's expert witness testimony regarding the reliability of breath test machines at trial. The court ruled as follows: "The trial court did not err in limiting Dr. Hlastala‟s...
Circumstantial Evidence May Be Used to Bolster Blood Alcohol Test Results
The California Court of Appeals recently decided Coffey v. Shimoto, a case regarding rising blood alcohol after an arrest for DUI and the admissible evidence at a DMV administrative hearing regarding a license suspension. In the case, Ms. Coffey was arrested for DUI....
United States Supreme Court Rules on Warrantless DUI Blood Draws
The United States Supreme Court recently ruled that the natural dissipation of alcohol in blood alone does not constitute exigent circumstances per se to justify a warrantless blood draw in DUI cases where the suspect does not consent. Without a warrant or consent...
Vehicle Impound and Search after DUI Upheld
The California First Appellate District held that a CHP Officer who impounded a vehicle for safekeeping that belonged to a defendant who was arrested for DUI acted reasonable when searching the vehicle pursuant to an "inventory search." A large amount of cash and...