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1 Cts. & Just. L.J. 200 (2019)
Interplay of the Fourth Amendment in Implied Consent Statutes and Warrantless Chemical Testing in Impaired Driving Cases

handle is hein.journals/cjlj1 and id is 184 raw text is: COURTS & JUSTICE LAW JOURNAL INTERPLAY OF THE FOURTH AMENDMENT IN IMPLIED CONSENT STATUTES AND WARRANTLESS CHEMICAL TESTING IN IMPAIRED DRIVING CASES The Honorable Mary A. Celeste* and Tandis Taghavi** Impaired driving laws are dynamic. [O]ver time... states have toughened their drunk- driving statutes, imposing harsher penalties on recidivists and drivers with particularly high BAC [blood alcohol content] levels.1 We have also seen BAC levels that constituteper se alcohol driving impairment change over the years, including the most recent change in Utah.2 Utah went from .08 BAC like the rest of the country to .05 BAC per * Judge Mary A. Celeste (ret.) sat on the Denver County Court bench 2000-2015. She was the Presiding Judge 2009 and 2010 and the co-founder of the Denver County Court Sobriety Court. She is currently a law school professor teaching Marijuana and the Law at California Western School of Law. For more information: www eaceeste.om Tandis Taghavi, a 3L at California Western School of Law, is Editor-in-Chief of The Commentary and both a writer and member of the 2019 Editorial Board for The San Diego Lawyer Magazine. Born and raised in Dallas, Texas, Tandis completed her bachelor's degree in political science with a minor in business at Texas A&M University. 1 Birchfieldv. North Dakota, 136 S. Ct. 2160, 2162 (2016). 2 Nicole Nixon, Utah First In The Nation To Lower Its DUI Limit To .05 Percent, NATIONAL PUBLIC RADIO, INC. (Dec. 26, 2018), hpps://www.norg/2018/12/26/67983 3767/utah-first-in-the-nation-to-lower-its-dui- limit-to-05- percent. VOLUME: I SUMMER/FALL 2019 ISSUE: 2

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