The Supreme Court ruled that police must obtain a warrant from a judge to take a blood test from someone who has been arrested for drinking and driving. 8 out of the 9 Supreme Court justices agreed that drawing blood from a suspect without a warrant violates the 4th Amendment to the US Constitution. The 4th Amendment protects people against unreasonable search and seizure and police must get a warrant supported by probable cause.
As you know, a lot of DUI arrests occur during the evenings, weekends and holidays and they don’t necessarily occur at a convenient distance from the county court. As an obvious result, the ruling will allow judges to issue a warrant over the phone.
This ruling came after a Missouri driver named Tyler McNeely was arrested for this 3rd DUI. A technician performed a blood test while McNeely was handcuffed. McNeely had previously refused a breathalyzer test and failed a field sobriety test. The court threw out the blood test evidence, saying that it violated the 4th Amendment. The Supreme Court has upheld this ruling.
If you feel as if your rights were violated during a DUI arrest, it is necessary to find an attorney who will fight for you. You don’t have to plead guilty. Find a lawyer today on 1800DUILaws.com.