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Police Must Have a Search Warrant to Make a DUI Blood Draw

Posted by John Rutkowski | Aug 07, 2017 | 0 Comments

Danny Birchfield drove into a ditch in Morton County, North Dakota. When the Sheriff's Office arrived on scene, they believed Birchfield to be intoxicated to the extent he should not have been driving.

Birchfield failed both the field sobriety tests and the pre-arrest breath test. He was arrested, but he refused to consent to a blood test. He was charged with a misdemeanor for refusing to consent to a blood test in violation of state law. He asked the court to dismiss the charge claiming the state law violated his Fourth Amendment right against unreasonable search and seizure, which the court denied, leading to Birchfield's conviction.

Eventually, the case reached the U.S. Supreme Court, who reversed Birchfield's conviction for refusing the blood test stating, that the Fourth Amendment permits warrantless breath tests incident to arrest for driving while intoxicated but does not permit a warrantless search of a blood draw, finding the blood draw intrusive requiring a warrant.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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