Currently, when a police officer pulls over a suspect for a potential
DUI, that police officer needs to obtain a search warrant before performing a
blood test on the suspect. This prevents police from taking blood samples of anyone
that they might suspect of a DUI. With the warrant contingency in place,
police need to carefully think through whether or not they want to call
and ask for a warrant.
If they are not certain that a driver is intoxicated, they may avoid calling.
If a police officer takes a blood test without ever asking for a warrant,
then the evidence can be considered inadmissible, even if the suspect
was guilty of DUI. In many circumstances, drivers have been able to walk
out of court free of any charges simply because the police did not follow
proper procedure and seek a warrant before they decided to charge an individual with DUI.
Now, this all might change. According to
The Los Angeles Times, an issue has gone to the Supreme Court about whether or not police should
have to obtain a warrant for a blood test. The police argue that as they
take the time to contact the police department or the courts and obtain
a warrant, the suspect’s
BAC will drop. By the time that they get the warrant, police fear that their
DUI suspects will have a BAC below the prosecutable amount.
They fear that people who truly did disobey the law and drive with a BAC
above 0.08% won’t be caught as a result. They say that they need
every second that they can get to take the tests at a time before a person’s
BAC starts to drop. While the police argue from this side, those who oppose
the law argue that this isn’t a fair arrangement for suspects.
People that may simply be fatigued or may have been disoriented by a medication
will now need to submit to an unnecessary blood test. The police won’t
need to develop reasons why a blood test is necessary, so they will simply
administer the tests to anyone that they think might need one. As a defense
attorney, this new law will eliminate a lot of arguments regarding police
malpractice and inadmissible evidence in the court room.
If you are a DUI suspect and are worried that this new law will affect
your case, then you need a tenacious and creative lawyer to come alongside
you. You want someone who will not be daunted by the new laws which are
being passed in the United States and will come with another creative
line of defense which he or she can use to tackle your case.
Contact us today!
Attorney De Yoe Is Here For Your San Diego Arrest
Attorney De Yoe has accomplished numerous
successes in the world of DUI law and has left many clients happy and satisfied.
You can read their testimonials
here. If you want to learn a little bit more about the firm, you can also check
out their pages on a variety of different social networking sites.
Attorney De Yoe and his staff maintain a
Google+, and a
Twitter account which you can use to get to know the firm better. As well, the
firm maintains a
blog on their website if you want to learn more about the firm this way. This
blog is also full of free posts on important DUI facts that may be a benefit to you.
Whether or not the Supreme Court passes the pending legislation about search
warrants and breath tests, it is important to note that this firm is dedicated
to always seeking your best interests.
Talk to a San Diego DUI lawyer Mark R. De Yoe today for more information!