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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Cox Media Group