The U.S.Supreme Court heard a important case for all those that practice DUI defense. A blood alcohol case was on the docket today. The issue is whether the police can avoid the search warrant requirement in seizing a blood alcohol sample. Lyle Denniston wrote a recap on the oral argument on the SCOTUS Blog .
It was interesting that Mr.Denniston opined that the court was trying to seek a compromise on the case during the argument. Most of the Justices agreed that their should be a requirement for a warrant to take someones blood. The question is when should the warrant requirement be waived. The government argued that the time factor in getting a blood sample with a search warrant requirement was critical and should be waived. Based upon the tone of the oral argument it appears the court is not going to allow a across the board waiver of a search warrant.
The case is very important as it applies to Tennessee. In some Tennessee DUI cases , there are mandatory blood draws for multiple DUI offenders. I agree with Mr. Denniston that there will be some type of compromise. The question for those in Tennessee will be whether the mandatory blood draws will stand up over court review.