U.S. Supreme Court requires officers to get warrants for DUI blood tests

The U.S. Supreme Court has made it more difficult for law enforcement officers to prove when motorists are driving drunk.

Justices ruled Thursday that officers will have to get a warrant from a judge to take a blood sample from a driver who is suspected of drunken driving. The court did not make changes to the traditional Breathalyzer process, which is not considered as intrusive as taking a driver's blood sample.

If a driver fails either test, he or she will likely be charged with DUI.

Action News Jax law and safety expert Dale Carson said officers can ask you to consent to a breath test if you’re suspected of driving under the influence in Florida. If you refuse, your license could be suspended for a year.

Then the officer would likely ask for a blood-alcohol test, and now an officer has to call in for a search warrant.

“It takes a phone call, no big deal,” Carson said. “They will implement a policy requirement, because if they take the blood now without a search warrant, evidence gets thrown out and can’t be used in court.”

“It’s surprising that we’re coming to the point that we have to ask for a warrant when it comes to blood-alcohol (tests),” said driver Carlos Molares.

According to Mothers Against Drunk Driving (MADD) drunken driving accounts for more than one-fourth of traffic deaths in Florida. That number was just under 700 in one recent year.

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