Supreme Court ruling could impact DUI cases in Pennsylvania
Because of the potential consequences of drunk driving, many people in Pennsylvania forget that those accused or suspected of a crime have certain rights protected by the Constitution. One of those rights is protection from unreasonable searches and seizures provided by the Fourth Amendment. The U.S. Supreme Court has recently ruled that blood tests administered to DUI suspects without a warrant are a violation of this right.
The ruling involved three different appeals in out-of-state cases. All three involved individuals who were threatened with fines if they refused testing to determine whether they were under the influence of alcohol. Two of the cases involved a blood test, and the other involved a breath test. All three suspects refused the tests, which police still conducted, and faced additional charges as a result of their refusal.
Each individual argued that the criminal charges following such a refusal was a violation of their Fourth Amendment rights. While the state supreme courts ruled against them, the U.S. Supreme Court said that authorities need a warrant to conduct a blood test. Because a breath test is less invasive, no warrant is needed. While Pennsylvania does not have separate laws for declining a test, officials must still determine how their treatment of suspected drunk driving cases will be impacted by the ruling.
Because DUI accusations carry such a stigma, many people seem to forget that the Constitution provides protections for those accused or suspected of a crime. As a result, a person facing criminal charges in Pennsylvania may need to take steps to ensure he or she is treated lawfully throughout criminal proceedings. For example, an experienced defense attorney is trained to recognize a violation of a person’s rights and to take appropriate action.