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Case v. Montana Hands Police a New Way Into Your Home Without a Warrant or Probable Cause
DUI/DWI1d ago

Case v. Montana Hands Police a New Way Into Your Home Without a Warrant or Probable Cause

On January 14, 2026, a unanimous Supreme Court ruled that police can enter a home without a warrant under the emergency-aid exception based only on an objectively reasonable belief that someone inside is seriously hurt or in danger. Probable cause is not required. Here is what the decision says, why defense lawyers fear it for DUI and welfare-check cases, and how to challenge an entry dressed up as a rescue.

DUI/DWI4d ago

Smith v. Arizona Is Killing DUI Blood Tests: Why Surrogate Lab Analyst Testimony Is Getting Suppressed in 2026

The Supreme Court's 2024 ruling in Smith v. Arizona closed a Confrontation Clause loophole that prosecutors had used for over a decade to introduce blood-alcohol results without the analyst who ran the test. Two years on, the fallout is reshaping DUI suppression practice.

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DUI/DWI5d ago

Lange v. California Is Finally Killing Warrantless Home Entry for DUI: Why Misdemeanor Hot-Pursuit Suppressions Are Surging in 2026

Five years after the Supreme Court rejected categorical hot-pursuit entry for misdemeanors, state high courts are finally applying the rule. Pennsylvania's 2025 Hunte decision shows where DUI suppression motions are winning, and how bodycam timestamps have become the decisive evidence.

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DUI/DWIJun 5

Field Sobriety Tests Were Never Validated for Cannabis: Why DRE Officer Testimony Is Getting Tossed in 2026

The 12-step Drug Recognition Expert protocol was built for poly-drug roadside triage in the 1970s and 80s and never validated against a cannabis impairment threshold. NHTSA admits it in writing. State v. Moore, Williams v. State, and the April 2026 DOJ rescheduling order give the defense bar a deep Rule 702 playbook for attacking cannabis DUI cases in 2026.

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DUI/DWIJun 1

Roadside Cannabis Testing Has No Legal Limit: Why DUI-D Cases Are Falling Apart After the Schedule III Move

After the DEA's April 2026 rescheduling of FDA-approved and state-licensed medical marijuana to Schedule III, defense lawyers are dismantling DUI-drug prosecutions built on per se nanogram thresholds, roadside oral-fluid screeners, and DRE testimony that cannot distinguish week-old metabolites from active impairment.

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DUI/DWIMay 16

Over the Legal Limit but Not Automatically Guilty of Homicide: Why Prosecutors Have to Prove the DUI Caused the Death

A drunk driving conviction and a vehicular homicide conviction are not the same case. In Pennsylvania, New Jersey, and Michigan, prosecutors have to separately prove that the impaired driving actually caused the death, and that causation gap is where these cases are won and lost.

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DUI/DWIMay 16

Legally Drunk but Acquitted: Why DUI Vehicular Homicide Cases Are Won on Causation, Not the Breath Test

In Pennsylvania, a driver can be over the legal limit and still avoid a homicide by vehicle while DUI conviction. Here is why these cases turn on causation, not the breath test, and what the 2026 Commonwealth v. Kling decision changed.

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DUI/DWIMay 14

The Government's Fourth Amendment Double Standard: How New Suppression Motions Are Exploiting the Asymmetry in 2026

A May 2026 SCOTUSblog essay argues the government uses one Fourth Amendment for officers and another for defendants. Defense lawyers are now writing that asymmetry directly into suppression motions across DUI, drug, and digital-search cases.

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DUI/DWIMay 7

Per Se THC Limits Are Failing as Junk Science: How Defenders Are Beating Marijuana DUI Cases in 2026

Six states still convict drivers on a blood THC number alone, but federal regulators, peer-reviewed pharmacology, and a 2025 wave of legislative reform now agree the science does not support it. Here is how defense lawyers are dismantling per se cannabis DUI cases.

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