Post Views: 114

Unconstitutional Blood Draws

This passed Thursday the Supreme Court decided that having warrantless blood testing in a DUI arrest is unconstitutional.  This decision was made with a 7-1 vote, stating that it “violated the fourth amendment of the constitution.” Justice Samuel Alito wrote “We conclude that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving.”  He then continued to say “The impact of breath tests on privacy is slight, and the need for

[blood-alcohol concentration] testing is great. We reach a different conclusion with respect to blood tests. Blood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test.”

Thousands of people are arrested every month for driving under the influence, and all of them have to breathe into the breathalyzer to prove that they are drunk.  Having to draw blood would add on to the humility and process of being arrested.  This caused for much of the public to feel uncomfortable, and led for the justices to rule 7-1.  Click the link bellow to read more about this problem in the ABA Journal

ABA Journal Article

Need Help?

Facing a problem with a traffic ticket or DUI. Have questions? It is vital that you contact a Traffic Ticket Attorney to help you with the correct legal steps you need to take. Rivera Law Offices, P.A. is dedicated to providing each client with the legal defense they deserve. Located in West Palm Beach, Florida, Rivera Law Offices, P.A. has been fighting cases like this for many years and will be more than happy to help you resolve your case. Contact us about a free consultation now!