A new law taking effect tomorrow, September 1, 2009 will make it easier for the police to obtain blood samples from motorists whom they suspect are intoxicated.
Under previous law, except in limited circumstances, if police suspected that you were intoxicated, the law required them to explain their suspcicions in writing to a neutral, detached judge who could consider whether probable cause existed to draw your blood.
Senate Bill 328 becomes law tomorrow and it will allow the police to obtain blood in greatly expanded situations.
* If someone other than the suspect is injured and was transported to a hospital.
* If the person is arrested for Driving While Intoxicated with a child under fifteen in the car
* If the suspect has been previously convicted of Driving While Intoxicated two or more times;
or has previously been convicted of DWI with child under fifteen, intoxication assault, or intoxication manslaughter.
The legistature has consciously decided to dispense with the warrant requirement. The warrant requirement has been a fundamental feature of our legal system since the beginning.
In the name of expediency and speed, our law now removes this time honored method of checks and balances between the different branchs of government. Personally, I look forward to developing creative new challenges in the cases that will arrive with the change in law.
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