The Supreme Court ruled last week that police must obtain warrants to test the blood of motorists stopped on suspicion of drunk driving. The Court also held that no warrants are needed to require a driver to conduct a breath test.
Many states punish drivers who refuse blood tests by suspending their driving privileges. This practice will likely be outlawed now unless the state can show that they obtained a search warrant for a motorist's blood.
Justice Alito wrote that breath tests are permissible without a warrant. "Blood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test."
The law on driving under the influence is rapidly evolving in every state including Kentucky. For instance, under certain circumstances, defendants convicted of DUI in Kentucky must install Interlock devices in their cars before they can drive. People charged with driving under the influence (DUI) should hire experienced criminal defense lawyers who remain current on DUI law changes.