New Jersey Lawyer Blog
Supreme Court bars officers from forcing blood tests on most DUI suspects
Police officers can no longer force people suspected of driving while drunk to take a blood alcohol test without a warrant. Officers must request a search warrant with corroborating evidence if the motorist declines a blood test during a DUI stop.
In a ruling announced earlier this week, the Supreme Court said that police officers can order a blood test from people they believe have been driving under the influence of alcohol only if they have a search warrant, except in an emergency or other unusual circumstances. The Court found that most DUI stops did not, in and of themselves, constitute an emergency. The decision basically upholds a person’s Fourth Amendment right against unlawful searches, which the court said includes forced blood tests.