Supreme Court Rules Warrant Required to Take Blood from Drunk DriversThe Paralegal Resource
November 27, 2013 — 1,318 views
In April, the Supreme Court of United States had passed its judgment in the Missouri v. McNeel Case that police officers will be required to get a warrant for taking blood from people who are suspected of drunk driving.
This case was important because it brought up the principles mentioned in the Fourth Amendment of the Constitution of United States, the requirement of warrant and many other cases which included destruction of evidence.
Apart from that it also throws light on the different opinions that each Justice had and that the new law was brought up without the approval of these Justices. Let’s have a look at the changes that the new law will bring in to effect in different states/cities of the country.
The improvements of 2013 law include:
- Extension of the interlock restriction period to one year. Initially it was a minimum of 6 months. This will be applicable on people claiming that they won’t be operating a car or don’t own one.
- Clarifications which imply that the law will be applicable to Youthful Offenders.
- Establishment of an E felony. This will be for those drivers who get a conditional license after the incident and are again caught repeating the act.
Among many of the provisions of SB 5912, the most prominent one is that repeat offenders will have to go for an ignition interlock that too within five days of their arrest.
SB 796 and HB 479 require all the convicted individuals held for drunk driving to use ignition interlocks.
HB 286 requires people held for drunk driving to make use of ignition interlocks. HB 32 limits the choice of the Justice permitting ‘shock probation’ to individuals who have been held for killing in such crashes. Shock probation permits judges to bring down the sentence of drunken driving convicts held for killing people in car crashes.
S 2427 will require all drunken driving convicts to opt for ignition interlocks. Companion legislation has also been introduced but it is still pending approval from the House Judiciary Committee.
New Mexico introduced a set of bills aimed at improving the laws of the state that deal with drunk driving. HB 479 has expanded the choices that will be available while sentencing such drivers. HB 31 also aims at fixing the loopholes in the law which otherwise allowed repeat offenders to get away easily.