Implied consent law has new wrinkle thanks to Supreme Court

We've talked about implied consent on this blog before, and what it means for all drivers in the state of Minnesota if they are accused of driving under the influence. However, a recent ruling by the Supreme Court changes the way the rule is interpreted, and it has a profound affect on people who were looking to challenge a certain aspect to the rule.

Remember that implied consent originally meant that any driver thought to be intoxicated by the police inherently consented to having a blood test done. The consent is agreed to as part of the individual obtaining a license.

However, the rule was challenged as it seemed like the police should have to obtain a warrant before going through with such a blood test -- even under implied consent. The police countered by saying that in the time it would take to obtain a warrant for a drunk driver, the individual's alcohol levels would dramatically shift.

The Supreme Court agreed with the people, saying that the police need to obtain a warrant before they are allowed to proceed with a blood test.

So where does that leave people who were arrested and forced to take a blood test prior to this ruling being made? Well, unfortunately, it looks like they are out of luck. The ruling applies now and will not have any retroactive action.

This is a significant and important change to DWI law in Minnesota, and drivers now need to be aware of this if they are accused of drunk driving.

Source: MPR, "MN court rules DUI blood testing proper in past cases," Bob Collins, Jan. 12, 2015

Tags: Blood Alcohol Tests

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San Francisco, Los Angeles DUI Rates Drop Thanks to…Taxis?

In September 2014, Los Angeles DUI rates dropped, as did similar rates in several cities across the nation. Many observers credit a new trend in cab services based on apps!

Uber and other mobile friendly taxi services have revolutionized American perceptions of taxis. People no longer have to wait or hope to catch a cab at a certain corner. They can call up a town car at the touch of a button, and they don’t have to carry cash. With GPS location tracking, a taxi can be dispatched to a waiting passenger without that passenger ever placing a call.

Taxi companies are increasingly marketing their services toward younger, affluent adults. They are also focusing on the high-risk demographic that is more likely to go out to bars and clubs more often.

And it’s working.

Two companies in particular have seen a growing demand for their business, Lyft and Uber. They present themselves as trendy companies, marketing themselves on bathroom walls and underneath bar stools. Their goal is to make a taxicab seem cool enough to call.

The arrival of these services and the advent of other so-called “rideshare” programs have had a measurable impact. San Francisco DUI rates have consistently fallen since Uber and other modern taxi companies started service there. DUI arrests have fallen by nearly 10% in Seattle, since the expansion of Uber’s taxicabs. In 2013, Los Angeles saw a 14% drop after a 10% increase in 2012. The difference? The availability of ride-share services.

There’s a positive, direct correlation between decreasing DUI arrests and these services becoming available to young adults. If this trend continues, we’ll likely see these services expand and receive additional media coverage in the near future. If revenue is any indication, rideshare services are here to stay; hopefully, they’ll continue to drive down DUI rates in cities across the country.

Do you need assistance constructing an appropriate response to a DUI charge? Look to the Kraut Law Group’s Michael Kraut for insight and peace of mind. Mr. Kraut is an experience Los Angeles DUI attorney with many relevant connections in the local legal community.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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