The Supreme Court recently rejected routine, no-warrant
DUI blood test. According to a recent ruling, police cannot order a DUI blood
test without obtaining a search warrant. The ruling involved a Missouri
man who was order to provide blood test for suspicion of drunk driving.
However, law enforcement did not obtain a judge's approval before
demanding the test, which indicated that the man's blood alcohol concentration
(BAC) was nearly twice the legal limit.
Eight out of nine justices determined that the blood test violated the
man's constitutional rights, while one judge claimed that the warrantless
test was not an infraction of his rights. According to the man's arresting
officer, the suspect was arrested after he failed multiple
field sobriety tests and
refused to submit a breath test. Although the officer probably had enough evidence to obtain a warrant,
he decided to order the blood test without one.
Although the test indicated that the man's BAC was 0.154%, the Supreme
Court disallowed prosecution from using it as evidence against him. Generally
speaking, the test qualified as an "unreasonable search and seizure."
According to the Missouri Court, law enforcement needs judicial permission
to administer a blood test unless delaying the test would destroy evidence
or threaten someone's life. Future cases may allow the court to say
more about warrantless blood tests.
If you were arrested for drunk driving in Atlanta, Georgia, the Law Offices
of Howard J. Weintraub can help you avoid an unnecessary criminal conviction.
With more than 35 years of experience, our legal team has provided successful
representation to clients in hundreds of cases. If you feel like the evidence
isn't in your favor, remember this: you are innocent until proven guilty.
Contact us today to see what our team can do for your Atlanta DUI case.