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Archive by Year: 2016 - Page 4

Will the Supreme Court Allow Criminal Penalties for Blood Test Refusals?

January 22, 2016 • DUI Defense

Police officers can stop drivers for traffic violations or probable cause if they suspect the motorist is impaired. When a law enforcement officer stops a motorist, he or she may want the defendant to undergo a blood test in order to determine if the motorist is too impaired to be behind the wheel.  In the 2013 case of Missouri v. McNeely, the Supreme Court issued a ruling protecting defendants from having their Fourth Amendment rights violated by law enforcement officers who want the drivers to take a blood test.  Unfortunately, some states are effectively trying to erode the protections in place for defendants and more cases are now before the Supreme Court.

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