DUI & Supreme Court Blood Test Ruling
In June the US Supreme Court ruled that drivers cannot be arrested for refusing to take a blood alcohol level test when police do not have a warrant. This ruling struck down laws in 13 states that allowed police officers to arrest suspected drunk drivers who refused to let their blood alcohol level be tested. However, the court ruled that breath tests are still allowed without a warrant because they are less intrusive. States that had the law that made it a criminal offense to refuse an alcohol blood test argued that there was implied consent for these types of tests when people use public roads. However, the Supreme Court’s ruling means that there is no such thing as implied consent when criminal penalties are assigned for not submitting to a blood alcohol test. The Supreme Court ruling could affect pending criminal DWI cases and according to some traffic lawyers or prosecutors it could mean getting no jail time (source). This Supreme Court ruling underscores the importance of hiring a dedicated traffic attorney especially if you’re involved in a DWI. DWI attorneys can ensure that you or your loved one gets the best defense in order to help you avoid jail time and fines.