U.S. Supreme Court Examines Sobriety Blood Test Laws

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Tallahassee, FL -January 10, 2013

Changes could be coming to the way police obtain blood samples in drunk driving cases.

The U.S. Supreme Court heard arguments this week on whether a warrant is needed in order to extract blood for a sobriety test from someone suspected of driving drunk.

The hearing stems from a DUI case in Missouri.

In Florida, a driver most give their consent for a blood test, except under exigent circumstances, such as the crash causes serious injury or death to a person.

"That is (to) strap somebody down and take their blood without a warrant is a trampling of the Fourth Amendment. I certainly hope the government in Missouri does not prevail . I think it's opening up Pandora's Box," says Frederick Conrad, a Criminal Law and DUI Attorney in Florida.

The U.S. Supreme Court is expected to make a decision some time this summer.




 
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