AM 760 KFMB - Talk Radio Station - San Diego, CA - DUI Blood & Breathalyzer Tests: Fourth Amendment Violations?

DUI Blood & Breathalyzer Tests: Fourth Amendment Violations?

Updated: Apr 25, 2016 12:38 AM

The Supreme Court of the United States takes on one of the biggest responsibilities in holding our Constitution and protecting it as elected representatives (elected by the President, of course). However, an important Constitutional amendment is at the judicial epicenter once again. 

The laws of drunk driving in 13 states are under scrutiny as law-makers question why police officers in the field cannot obtain warrants to issue breathalyzer tests to suspected drunk drivers. As the laws stand currently, drivers who refuse to take a breathalyzer test are given citations for their refusals.

From the original article on

In general, the high court has ruled that police cannot search a driver or vehicle after an arrest without getting a warrant, unless it’s for their own personal safety or to preserve evidence. In 2013, it ruled that police cannot conduct blood tests for drunken driving without a warrant. Based on that, the challengers in the Minnesota and North Dakota cases said, refusing such tests should not constitute a crime.

AM 760’s Brett Winterble takes a look at how lawyers for citizens are claiming that lack of consent for breathalyzer and blood tests administered by police officers at DUI checkpoints is a violation of the 4th Amendment of The Bill of Rights.

Fourth Amendment Violation - Part 1

Fourth Amendment Violation - Part 2

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