Vatterott OKC Paralegal Studies

We don't teach you what to think. We teach you HOW to think.

Blood draws: DUI

Blood draws: DUI

“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…“the practical problems of obtaining a warrant within a time frame that still preserves the opportunity to obtain reliable evidence.” Justice Sotomayor

“A police officer reading this court’s opinion would have no idea — no idea — what the Fourth Amendment requires of him…“when a drunk driving suspect fails field sobriety tests and refuses a breathalyzer, whether a warrant is required for a blood draw should come down to whether there is time to secure one.” Chief Justice John Roberts

“Nothing in the Fourth Amendment requires officers to allow evidence essential to enforcement of drunk-driving laws to be destroyed while they wait for a warrant to issue…” Justice Thomas

Thirty states have the electronic means to secure a warrant.  In some states, police officers can call judges directly according to the article.

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