Supreme Court: It’s Not a Crime to Refuse a Blood Test in DWI Case

Yesterday, the U.S. Supreme Court ruled that while the Fourth Amendment permits warrentless breath tests, it does not permit warrentless blood tests. In its opinion, the court said breath tests do not “implicate significant privacy concerns;  The physical intrusion is almost neglegible, while blood tests “require piercing the body and thus are significantly more intrusive […]

Campus Cop Capers: They’re Not Religious Police When Enforcing DWI Laws

(Editor’s Note: This is an edited version of the opinion of the North Carolina Supreme Court in State v. Yencer, No. 365PA10, filed Nov. 10, 2011.) The North Carolina General Assembly enacted the Campus Police Act to provide police protection at “institutions of higher education” and to ensure “this protection is not denied to students, […]

Nassau County, N.Y., Crime Lab Shut Down

Technicians at the Nassau County, N.Y., crime lab were found to have not followed basic crime lab procedures, meaning that either samples or equipment may have been contaminated in drug cases. For those who were convicted of driving while intoxicated, there are issues regarding the calibration of the lab’s portable breath test. This could impact […]

A Scientific Interpretation Of the Breath Alcohol Concentration Test Result — Part II: Theory

By Wayne Morris, MS Morris-Kopec Forensics, Inc. A breath alcohol concentration is the determined by a breath alcohol testing procedure using a breath alcohol testing device. What has just been stated means that an analytical test is being used. Analytical testing is governed by the area of Analytical Chemistry and, as such, several conditions must […]