Blood Tests

News & Analysis as of

ERISA: “Key Evidence Needed to Prove the Intoxication Exclusion”

You know that many insurance policies and ERISA-governed plans exclude from coverage disabilities “resulting from, or related to…any accident related to the voluntary influence of any drug, narcotic, intoxicant or chemical….”...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

DUI Defense Attorney | What If I Don’t Trust the Cops’ Breath or Blood Test?

After twenty-five years as an Arizona DUI defense attorney, I can safely say that my DUI clients have a universal distrust of police breath machines and governmental sample tests. What I cannot figure out is why this massive...more

Illinois joins growing list of states to adopt anti-markup legislation; statute impacts all payors

After three years of negotiations between several constituencies, including pathologists, dermatologists and other specialist associations, Illinois has joined 25 states that have enacted laws addressing the practice of some...more

Appellate Court Rules that Recent Decisions Requiring Search Warrant for Forced Blood Draw or to Search Cell Phones Do Not Apply...

Courts hold that officers may rely on law in effect at the time they conduct a search - Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more

BB&K Police Chief Bulletin: DUI Blood Test - Alcohol Dissipation Does Not Justify Warrantless Blood Test for Drunk Driving

Overview: The U.S. Supreme Court recently ruled that the natural dissipation of alcohol in the bloodstream did not necessarily create an exigent circumstance justifying a warrantless blood test in all DUI cases. Missouri...more

New Jersey’s Implied Consent Law - The Proof is in the Procedure

New Jersey’s Implied Consent Law requires that any person arrested for operating a motor vehicle on a public roadway or quasi-public area while intoxicated submit samples of his or her breath for chemical testing to determine...more

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