Relatively recently, the United States Supreme Court ruled that warrantless blood tests violate the Fourth Amendment right against unreasonable searches and seizures. The landscape of DUI law across the country changed in response to the Court’s ruling and continues to evolve, as demonstrated in a recent ruling issued by the Kentucky Supreme Court, in which it held that the refusal to submit to a warrantless blood test could not be used against a DUI defendant. While the ruling does not impact the law in Illinois, it provides insight into how DUI laws throughout the country may progress in the future. If you are charged with a DUI crime, it is smart to meet with a trusted Illinois DUI defense lawyer to assess your options for seeking a just outcome.
The Kentucky Ruling
Reportedly, the Kentucky Supreme Court recently issued a ruling clarifying the status of DUI law throughout the state. Specifically, it upheld a state appellate court decision vacating a man’s DUI conviction, where the state relied on his refusal to submit to a warrantless blood test as evidence of his guilt. The Kentucky Supreme Court noted that courts throughout the state rejected the United States Supreme Court ruling dictating that the police must obtain warrants for blood tests, stating that the ruling did not apply in their courts.
The Kentucky Supreme Court made it abundantly clear, however, that the state courts must abide by the Supreme Court ruling and could not use a DUI defendant’s refusal to submit to a blood test as evidence of guilt. The court pointed out that currently, the law in Kentucky requires proof of injury or death to obtain a warrant for suspected DUI. Thus, it is anticipated that law enforcement agencies will pressure the legislature to modify the laws in the near future. Continue reading →