Kansas Supreme Court Rules DUI Tests Unconstitutional

U.S. Supreme Court will consider similar cases, but will the Kansas decision affect Florida? Isn’t a person who is suspected of drunk driving entitled to the same rights related to police searches as anyone else? In many states, the answer is NO. Ordinarily, the police need a warrant in order to conduct a search, but…
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Consequences of a Second Refusal to Submit to Testing after a Florida DUI Arrest

Florida’s implied consent statute creates a legal fiction that anyone who obtains a Florida driver’s license or drives on the roads of this state will “consents” to a lawfully requested blood, breath, or urine test when an officer has probable cause of DUI. Despite this legal fiction, when a person is actually arrested for DUI,…
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