Court Ruling: Warrants Required for Blood Tests of Reluctant DUI Suspects


Rulings handed down from the Idaho Supreme Court will have a huge impact on how Idaho law enforcement moves forward with its DUI arrests.

The Spokesman Review reports that two decisions both stemmed from incidents in 2012 where police took blood samples from suspected drunk drivers.

Idaho statute has allowed blood draws because, Gem State laws says, by taking advantage of the privilege of driving in Idaho, a motorist concedes implied consent to a blood draw. But Idaho's high court says that Idaho statute contradicts a 2013 U.S. Supreme Court decision that "prohibits categorical exceptions to the Fourth Amendment." Simply put, the Idaho Court says implied consent can't be used by Idaho law enforcement because it violates the U.S. Constitution's protection against unreasonable search and seizure.

The Spokesman Review reports that Idaho State Police had already changed its operating procedure by securing warrants for forced blood draws, but some local and county law enforcement agencies will now have to follow suit.