Submitted by snuffy_tentpeg t3_10mvblh in Pennsylvania
SBRH33 t1_j6oxhe1 wrote
Reply to comment by Super_C_Complex in Mayor of Upper Darby booked on DUI charges after traffic stop by snuffy_tentpeg
Lol! My man, Did you even bother to read the SCOTUS decision?
The case involves compulsory WARRANTLESS seizures of blood ...
When one is pulled over for suspected DUI and fails the roadside testing program and exhibits signs of intoxication etcetera, the officer, under probable cause, can make an arrest for suspect DUI. From there the officer can submit a warrant for a blood test, which an on call judge will sign off on based on the officers arrest affidavit, for the drivers blood to be tested at hospital for driving under the influence
Theres no wiggling out of it once a warrant has been issued for the blood. Now sometimes judges aren't available for warrant signatures. So the next step would be a calibrated breathalyzer machine, which most police departments own. Refusing a blood/ chemical test and or Breathalyzer is not an option without severe consequence attached.
> Intoxicated driving is a serious criminal charge. 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.
A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests.
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