In order to be arrested for DUI the police have to have proof that you the level of alcohol in your system is over the legal limit. In order to make this determination, a blood or breath test can be administered to a driver suspected of drunk driving. The problem with this system is that drivers have the right to refuse the breath test, but if they do so they may be asked to submit to a blood test. Until recently, it seemed like a given that if you refused the breath test, you would be taken in for a blood test. But this scheme simply did not sit well with many people, because it seemed like a violation of individual rights to “force” someone to allow their blood to be tested. If you agree that you should not have to participate in a blood test when suspected of DUI, you are not alone. The U.S. Supreme Court has held this to be an unconstitutional law, but along with that ruling comes a lot of questions and concerns.

Three problems when thinking about blood testing for a DUI are:

  • Most DUI cases are misdemeanors, and making a defendant give blood for a misdemeanor is not lawful without a warrant. This means that unless the police have a warrant for your blood, you do not have to allow them to test you for alcohol.
  • There is not currently a law on the books that provides a way for a blood sample to be taken, and this might lead to changes in the laws. If changes are made, we all need to be aware of the changes so their impact is known.
  • The rules regarding DUI’s and warrants will begin to have more interplay with each other, and this may cause confusion until sound legal precedent is established.

Part of our job is to stay on top of how the law changes, and how those changes impact you. If you have questions about DUI’s, breath tests, your right to refuse the breath test, and what is involved in a blood test; give us a call. We will explain your rights to you, and if you have been arrested we will work with you towards solutions that meet your needs.

Allow an experienced criminal defense attorney in Stuart and the Treasure Coast to help you if you have been charged with a DUI. Your first visit is a free initial consultation and we work with you to come up with a strategy that is tailored to the facts of your case.