DUI Laws Under Supreme Court Scrutiny
If you have ever been pulled over for DUI, chances are almost nil that the police officer had a warrant in hand before asking you to submit to a blood, breath or urine test in order to determine your blood alcohol content. The Supreme Court of the United States is expressing their concern over this topic.
Last Wednesday, the court heard arguments in a case centering on laws specific to North Dakota and Minnesota. The outcome of the case is expected to have an effect on how police throughout the country conduct DUI investigations.
Attorneys for both states argued that drivers give consent the moment they are issued a driver’s license. They agree to submit to a blood alcohol content test without a warrant as condition of obtaining their driver’s license.
In rural areas, people who are pulled over are subjected to such tests because, according to the attorneys, it could take hours to obtain search warrants. By the time they are obtained, those suspected of drunk driving could be well on their way to sober.
At least one justice did not seem to buy into the reason that a time factor was enough of a reason to violate someone’s Fourth Amendment rights. Other justices on the bench asked why police could not use cell phones or other technology to obtain warrants more quickly. As of now, the case is still be hotly debated in the high court.
If you have been pulled over for DUI in Atlanta, call Hawkins Spizman Fortas. A member of our experienced team of DUI attorneys will provide you with a free case evaluation and advise you of your options. Call now and let us review the details of your case. We are here to help protect your reputation, employment and livelihood.