TBA Law Blog

Posted by: Barry Kolar on Jun 23, 2016

States may not prosecute suspected drunken drivers for refusing warrantless blood draws when they are arrested, the U.S. Supreme Court ruled today in a 7-1 opinion that found such tests violate the Fourth Amendment, the ABA Journal reports. The court did find, however, that states may require a warrantless breath test because such tests are less intrusive. The ruling affects laws in Tennessee and 10 other states where drivers who refuse blood tests can face penalties beyond having their licenses revoked, NewsChannel 9 reports.