US Supreme Court requires a warrant for blood test on DUI cases.
The United States Supreme Court has held in a recent case that police officers must obtain a warrant before they can draw blood from a person suspected of Driving Under the Influence. They held that the intrusion is so great that to force a blood draw without a warrant is a violation of a person's constitutional rights. The Supreme Court did not agree with the argument that unless the officer acts promptly the alcohol would be absorbed leaving no proof of Driving Under the Influence. The Justices stated that with advanced communications today an officer is able to contact a judge in a timely way. Anyone confronted with this situation might say I consented so does that take away this requirement. The answer depends on the facts. If the person was under arrest or subject to undue influence by the officer, consenting can be considered forced. It is always a good idea to talk with an experienced attorney to know your rights. A person arrested for DUI will have their driver's license suspended for four months if they do not call DMV and request a hearing within 10 days of the arrest.