Month: January 2013

U.S. Supreme Court Considers DUI Blood Testing Case

An Update from Your Pennsylvania DUI Attorney

According to a recent Wilkes-Barre Times Leader article, the U.S. Supreme Court has begun considering whether a blood test obtained from a DUI suspect by Missouri law enforcement officials without a warrant is constitutional. In this case, the DUI suspect was stopped by police for swerving. Police failed to get a warrant before submitting the handcuffed man for blood testing to measure his blood alcohol content. The police claimed that exigent circumstances justified the warrantless blood test due to the fact that the level of alcohol in a person’s blood dissipates rapidly. As a result, delaying the blood testing by a few hours in order to first get a warrant actually could result in test results showing a substantially lower blood alcohol content than the person actually had at the time he or she was driving. Therefore, the police might not have the strongest evidence in support of a DUI charge.… Read More