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July 2016 Archives

What impact will the recent Supreme Court decision have on DUI investigations?

We’ve been looking in recent posts at a recent Supreme Court decision which held that states may not impose criminal penalties upon DUI suspects who refuse to submit to blood testing. Taken together, the recent ruling and the McNeely decision mean that law enforcement officers must ordinarily have a warrant before taking a blood draw, and may not criminally punish a DUI suspect for refusing to submit to blood testing.

Supreme Court rules states may not criminalize blood test refusal, P.2

Previously, we began looking at a recent U.S. Supreme Court ruling which held that states may not, under constitutional law, impose criminal penalties for a drunken driving suspect’s refusal to submit to a blood test. The case is significant not only because of the impact it will have upon the enforcement of drunken driving laws, but also because of the way it resolved previous case law.

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