Supreme Court to decide drunk driving case, blood test rules
When a person is pulled over while driving, police may try to determine whether they are under the influence of drugs or alcohol. If a police officer suspects that a person might have been drinking, they could ask them to do roadside tests that challenge their coordination. If the police officer is unsatisfied with these results, they might ask the person to submit to a Breathalyzer test that could determine the level of alcohol in the person's blood.
Sometimes people refuse to take a roadside test, and are then taken in for a blood test. A recent case has now made its way to the United States Supreme Court that could determine whether or not police need to seek search warrants before making a forcible blood draw from a person they suspect was drunk driving. Prosecutors in the case say they need to act quickly to gather evidence, because the longer they wait to draw blood the more alcohol would be metabolized by the body.
Not having to seek a warrant in these situations could lead to police being able to search without having another department of government checking their authority. After an arrest, a person might be confused as to their rights. Every person should understand their rights and has the right to speak with an attorney who can help them defend those rights.
An experienced criminal defense attorney in New Jersey can help a person navigate the legal and court process after an arrest for drunk driving. While these charges might seem insignificant, they can have a real impact on a person's life if they are convicted.
Source: The Christian Science Monitor, "Drunk driving: Supreme Court considers whether forced blood tests are OK," Warren Richey, Jan. 9, 2013
-Our law firm handles drunk driving cases in New Jersey. Please visit our website to learn more.