The Supreme Court ruled this month that police should seek warrants before testing the blood of drivers suspected of DUI, making this way more difficult the authorities work and increasing the rights of those suspected of DUI. Therefore, if you find yourself the subject of a DUI situation, make sure you know your rights and take advantage of the legal advice of an experienced criminal defense attorney, such as our legal team in Fort Lauderdale.
Regarding the new decision of the Supreme Court, the Justices were able to find a balance between keeping roads safe and the citizens free from unreasonable searches, by demanding warrants when they can be obtained in time. All nine members of the Supreme Court agreed that police should be able to order blood tests at least in cases when breathalyzer tests are refused and warrants prove elusive.
Cited by USA Today, Justice Sonia Sotomayor notes that “whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case, based on the totality of the circumstances”.
Chief Justice John Roberts mentioned that one person dies every 53 minutes because of drinking and driving, according to the Department of Transportation. The Centers for Disease Control and Prevention reported that Americans drank too much and drove about 112 million times in 2010, while the FBI counted about 1.4 million arrests. Given the serious criminal charges that can come from DUI, the severe consequences and the frequency of this type of cases, individuals accused of DUI or DWI should ask for legal advice from criminal defense lawyers with experience in the field and able to prepare a quality legal defense.