DUI case brings increased attention to police procedures

May 21, 2013

DUI case brings increased attention to police procedures

The United States Supreme Court routinely hears cases that concern the power that police have when they are investigating crimes. In many of these matters, an individual will contend that the police have violated his or her constitutional rights. It is up to the court to decide whether or not the behavior of the officer was permissible.

The Court recently announced a decision concerning a DUI stop in Missouri. The ruling is expected to lead to major changes for police departments across the country concerning the warrantless blood-drawing of individuals suspected of DUI.

The ruling has led some police departments in Texas to take a closer look at the procedures its officers use when drawing blood on DUI stops. The Austin Police Department has advised its officers to stop doing warrantless blood draws. Current laws within the state still permit warrantless draws when injuries have resulted, or when the driver has prior DUI convictions.

In the case from Missouri, an officer pulled a motorist over and began a traffic stop. When the officer approached the vehicle, he detected potential signs of intoxication. The motorist failed the tests and was arrested.

The officer asked the motorist to submit to a blood test, however, the motorist did not consent to the test. The officer instructed hospital staff to draw the blood over the motorist's objections.

No warrant was obtained prior to the blood draw. The officer mistakenly believed that it was not necessary, despite having acquired a warrant on several other DUI stops. The motorist challenged the constitutionality of the blood test, saying that it violated his Fourth Amendment rights.

The state had argued that the amount of time it can take to obtain a warrant can mean that valuable evidence will disappear by the time the suspect's blood is drawn. They believed that warrantless tests should be permitted on any DUI stop because of these time concerns.

The Court disagreed, and ruled that warrantless blood draws would need to be reviewed on a case-by-case basis, and only permitted when it was truly necessary to prevent the loss of evidence. They would not allow officers to conduct these types of draws whenever the officer made an arrest.

This ruling has renewed some of the attention placed on police activities during DUI stops. Many people arrested for DUI have never been in any kind of legal trouble before. They do not know what to expect, and want to do whatever they can to get past the matter as soon as possible. They may think that by pleading guilty, they can move forward with their lives after they have done their time.

However, each conviction only increases the penalties that a person may be facing. If you or a loved one has been charged with driving under the influence, it is important to speak to an experienced criminal defense attorney right away. An attorney can advise you of your rights, and allow you to feel confident that you are presenting a strong defense against these charges.

Article provided by Law Offices of Jeffrey C. Grass
Visit us at www.texas-defense-lawyer.com