Submitted by snuffy_tentpeg t3_10mvblh in Pennsylvania
SBRH33 t1_j6okn76 wrote
Reply to comment by Super_C_Complex in Mayor of Upper Darby booked on DUI charges after traffic stop by snuffy_tentpeg
Lol. You better go back to lawyer school.
The SCOTUS ruling pertains to WARRANTLESS seizures of blood for DUI which violate a persons 4th.
Police now need to simply secure a warrant for the blood test. That is all. You cant refuse once they secure the warrant.
During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued,and at that time, a blood sample will be taken with or without your consent.
You just cant refuse the blood test or the breathalyzer. It doesn't work like that.
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