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Supreme Court May Eliminate Search Warrant Requirements for DUIs

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.


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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!