U.S. Supreme Court Backs Warrants for DUI Blood Tests

April 18, 2013

Huntington Beach, Orange County - On Wednesday the U.S. Supreme Court ruled that police officers must generally obtain a warrant before subjecting a DUI suspect to a blood test in an 8-to-1 vote.

This case stems from a drunk driving suspect who was pulled over late at night after a police officer observed him driving erratically. The suspect refused to take a Breathalyzer test, and so the officer drove him to a local hospital and ordered a DUI blood test, which the police officer did not seek a warrant, even though he had done so in previous cases.

The police claimed that each passing moment blood isn't being drawn means valuable evidence is being lost, and so a warrant is never required for a blood draw. The Supreme Court has now ruled otherwise, basically saying a warrant is required regardless if DUI evidence is allegedly being lost.

Huntington Beach DUI defense attorney Michael L. Guisti explains that this ruling further enforces already strict rules in dealing with blood tests in regards to DUI.

One of the first things a DUI defense attorney will look at, explains Guisti, is how the police officer handled your case, because in addition to this Court ruling in California they're very strict laws governing how your DUI tests are handled, and even if there is a slight mistake in handling your DUI tests typically your DUI case must be dismissed.

This is why it's very important to contact a DUI law expert as soon as you've been arrested for driving drunk, because, says Guisti, a DUI attorney will closely examine all the steps the police officers took, and to see if they properly handled your case and obtained a warrant.

Many DUI cases have been dismissed in the Orange County courts simply because the police officer didn't, or maybe forgot, certain legal procedures, says Guisti.

In addition to handling your DUI blood tests and other DUI related tests, Guisti explains, that a drunk driving defense lawyer will also look at what led up to police pulling you over in the first place. The thing is, stresses Guisti, the U.S. Supreme Court ruled in a case years ago that police cannot pull you over simply because they feel like it, but rather need to have good cause for pulling you over.

A DUI defense lawyer is important not just because they'll deal with your case in court, but a DUI expert will intervene BEFORE this even gets to DUI court as your drunk driving attorney can review all the police procedures that led to your arrest.

If you've been arrested for DUI, or any type of DUI offense, whether it's you're first time, or forth time, and you need to beat a DUI charge it is very important to contact the Orange County DUI defense lawyer experts at The Law Offices of Michael L. Guisti right away.

When you're arrested for DUI and other drunk driving crimes, time is not on your side, however the DUI legal team at the Law Offices of Michael L. Guisti know the defenses that work to help keep your driver's license.

So please, contact us now!