The U.S. Supreme Court has placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
Justices ruled Thursday that police need a search warrant before requiring drivers to take blood alcohol tests. But the court declined to require a warrant for breath tests, which it considers less intrusive.
The ruling came in three cases in which drivers had challenged so-called implied consent laws in Minnesota and North Dakota as violating the Constitution's ban on unreasonable search and seizure. State Supreme Courts in each state had upheld the laws.
Drivers in all 50 states can have their licenses revoked for refusing drunken driving tests. The court's ruling affects laws in 11 states that impose additional criminal penalties for such refusals.
Florida is one of eight states in which drivers could face criminal penalties for refusing a blood test.
The Supreme Court said that is a violation of people’s constitutional rights.
"For blood, they found it to be too intrusive under the Fourth Amendment," said attorney Michael Barber, of the Umansky Law Firm.
Barber said the ruling, which only applies to blood draws, will force law enforcement to obtain a signed warrant if a driver refuses to voluntarily submit to the blood draw.
"The problem with getting warrants for these types of cases is that the body metabolizes alcohol. So every minute spent, that alcohol is being broken down," Barber said.
Under Florida law, a driver faces criminal penalties for twice refusing to submit breath or blood following a DUI arrest.
The court found, when it comes to blood, demanding compliance amounts to an unreasonable search and seizure.
"Intruding into somebody's body, taking their blood, is seen as highly intrusive," said Barber.
Which is why the ruling only impacts blood collection, not breath.
Prosecutors can still build a DUI case without blood or breath evidence.
Without test results, however, defense attorneys may have the upper hand since drivers no longer face criminal penalties for refusing to cooperate with blood draws.
The Florida Legislature could address the issue next year by making the penalty for refusing to cooperate a civil or administrative penalty.
WASHINGTON — The Associated Press contributed to this article.
Cox Media Group
