Mandatory Blood Draws for Every DUI Arrest?

This article first appeared on Politix. Click here to access the original article and to participate in the Politix comment board.

Man taking a field sobriety test

iStockphoto/Thinkstock

The U.S. Supreme Court will decide if the police have the power to strap you down and take a blood sample without a search warrant when you are arrested for a DUI. It happened to a drunken trucker who was pulled over for his third DUI and who refused to take the breathalyzer test. His blood alcohol level was nearly double the limit.

1.4 million drivers are arrested for DUI every year. Some 32 states and Mothers Against Drunk Driving argue that public safety requires powerful enforcement techniques, because 10,228 people died as a result of drunk driving in 2010 alone.

The trucker argues that the cops have to get a search warrant for a non-consensual blood test, or they can’t use the evidence against him. No one was hurt in the DUI stop and there was no emergency, so the cops had no right to violate his privacy and stick him with a needle.

The court will decide in a few months.

Tagged as: , , , ,