How the Supreme Court holding on blood tests for DUIs impacts Colorado law

May 14, 2013 (Press-News.org) How the Supreme Court holding on blood tests for DUIs impacts Colorado law

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The Supreme Court of the United States, or SCOTUS, recently reviewed a case questioning the need for a warrant to draw blood on suspected drunk drivers. The justices, in a 5-4 vote, held that whether or not a warrant is needed depends on the situation.

The case comes out of Missouri, Missouri v. McNeely, and begins when an officer allegedly noticed a vehicle swerving over the center lane and speeding. During the stop, the officer smelled alcohol and began administering field tests. The driver failed field tests and refused to take a breath test. The driver was arrested and taken to a nearby hospital for a blood test. The driver declined the blood test. The officer, who never attempted to obtain a warrant, instructed the lab technician to take a blood sample over the driver's objections. The blood sample tested above the legal limit and the driver was issued with driving under the influence (DUI) charges.

The driver argued that the blood test results should be thrown out since he never consented. This argument is based on the fundamental protections provided in the Fourth Amendment against unreasonable searches. The driver argued that taking blood without his consent violated these protections. The justices agreed that the sample fell within Fourth Amendment protections since the blood sample was obtained by "physical intrusion beneath [his] skin and into his veins."

The justices next examined whether or not a warrant was needed to conduct this search. Violations of these protections are not allowed unless the search falls within an exception. In this case, the officer argued that since the body naturally removes alcohol from the body, taking blood from an alleged drunk driver should fall within the exception.

The justices did not agree. Instead, they stated that the natural filtration of alcohol through the body does not qualify as an exception on its own. One key reason: the justices believe the officer had time to get a warrant. In previous cases, the court has held that exceptions require "compelling need for official action and no time to secure a warrant." As a result, whether an exception is justified requires a review of all the circumstances.

Impact of holding on DUIs in Colorado

Under Colorado law, it is illegal to operate a vehicle while under the influence of drugs or alcohol. Based on this recent SCOTUS case, an officer would likely need to obtain a warrant before getting a blood test when a driver refuses to provide a sample.

If a DUI charge is issued it is important to take the charge seriously. Penalties associated with a DUI conviction are severe and can include license suspension, imprisonment, monetary fines and public service. In addition to these criminal penalties, those with a DUI conviction on record can also face difficulties finding employment since they may be required to disclose a criminal record on an employment application.

Because of the many penalties associated with a DUI conviction, it is important to take DUI charges seriously. Contact an experienced Colorado DUI lawyer to assist in building a strong defense and better ensure you legal rights are protected.