A man convicted of operating while intoxicated (OWI), third offense, argued that a blood test should have been suppressed because he did not freely give consent. Recently, the Wisconsin Supreme Court (5-2) upheld the conviction, but with differing views on application of the state's implied consent law.
Lawyers have an ethical obligation to understand core principles surrounding the preservation and production of electronically stored information, including steps that can be taken to preserve confidential and privileged data. The author outlines some of the most relevant rules of professional conduct and ethics opinions for litigators dealing with 21st-century technology.
July 6, 2016 – The U.S. Supreme Court, in a decision released June 23, 2016, ruled that police must obtain a warrant in drunk driving cases before seizing blood, but not for intoximeters. In this article, criminal lawyer Marcus Berghahn explains the ramifications.