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Case Law Update

This issue of NAMSDL Case Law Update focuses on seven recent court decisions addressing state drunk/drugged driving laws issued by the highest courts of Colorado, Iowa, North Carolina, North Dakota, Pennsylvania, and Utah. Three of the decisions—reaching differing conclusions, interestingly— address the constitutionality of warrantless blood tests performed on unconscious drivers. Two other decisions conclude that statutes prohibiting driving with any “any amount” of controlled substance in the blood stream do not contain an implicit impairment requirement. The remaining cases address the constitutionality of a warrantless urine test and whether the underlying facts of an accident caused by drugged driving can infer malice on the part of the driver. The cases discussed below are listed in reverse chronological order. Read more »

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