Breath Test Refusal Now Lets Police Request Warrant for Blood Test

Cherry Hill New Jersey DUI Lawyers Begelman OrlowThere is no law that states that you legally have to take a breathalyzer if a police officer requests one from you. However, with a new policy that has recently gone into place, the police will be able to instantly request a warrant to issue a blood test for those individuals they believe are driving under the influence of drugs and/or alcohol. Currently, this new practice is not only seen as effective, but it is also one that more and more police departments are starting to take on as their own.

With the Latest Technology, a Warrant Can be Obtained Quicker Than Ever

In what used to be a very drawn out process that would ultimately be ineffective in figuring out if there were drugs or alcohol in the driver’s system because it would take too long to test or be accurate, a new technology called an “e-warrant” gives the police an opportunity to send a request for a warrant electronically to a judge from the site of the car stoppage in case a driver does not wish to take a breathalyzer. This does not guarantee that they will be able to get the warrant every time, but it clearly can help them with individuals who are repeat offenders and pull certain stunts to try and play the system. A person pulled over one time who refuses to take a breathalyzer may not lead to any conclusions but if a person is suspected and pulled over multiple times and consistently refuses to take a breath test this new technology can be a way for the police to finally be able to test the driver.

Controversy Over the Plan

This new system does not come without its share of critics, however, as there are some issues on who exactly gets to draw the blood as well as if there are any constitutional rights that may be infringed on with this new policy. Some also worry the idea of these blood tests can be used to intimidate those who do not wish to take the breath tests, however as of now it has been stated by the police that they only plan to use this method in more serious cases especially those involving serious injuries after an accident or even when someone has died.

There is also the issue of local hospitals having to constantly draw blood if drivers keep refusing the breath tests. With these refusals, it will lead police to keep requesting to bring them in to test their blood after getting the warrant that allows them to do so. In addition, some people believe that there are already enough deterrents to punish those that do not take the breathalyzer and that all this will do is add more people to our overcrowded hospitals when that is the last thing we want to do. As of now, we can expect a healthy debate over the process until there is a larger sample size or results to determine if the program is working as intended.

It is Very Important to be Aware of All of the Laws as well as Your Rights When it Comes to DUIs, Consult One Our Knowledgeable Cherry Hill Attorneys Today to Set up Your Free Consultation

Regardless of how you handled being pulled over by the police for an alleged DUI, you will need a qualified Cherry Hill lawyer to help guide you through this stressful process. Contact the Cherry Hill attorneys at Begelman & Orlow for a free consultation to get started on your case today. Our toll-free number is 866-627-7052.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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