If you refuse a breath test in Platte County, you can look forward to a forced blood test. That’s right, while other counties in the state implemented the practice several months ago, Platte is the first in the Kansas City area to announce the new procedure.
Legislation was passed last year allowing the police to forcibly draw blood without a warrant in DUI cases. Just this month the Missouri Court of Appeals upheld the law and it is now before the State Supreme Court where it’s believed that it will be once again upheld.
Federally, states have had the okay to force blood draws for years. But Kansas is new to the practice. In the past, police would have to get a warrant for such an invasive “search”, but not anymore.
If you are pulled over for suspected drunk driving, you will be given the opportunity for a breath test. However, if you refuse, a nurse will be called to the police station where your blood will be forcibly drawn without a warrant being necessary.
The law was passed because alcohol is quickly metabolized by the body and lawmakers were concerned that getting a warrant for the blood draw wasted valuable time in detecting alcohol in a suspect’s body. Their desire to maintain “public safety” by detecting and arresting potential drunk drivers outweighed their concern about unreasonable searches and seizures.
Some have argued that drunk driving is the only crime where you are significantly punished before you have had access to the courts, with immediate license revocations and now the removal of your protection against unreasonable searches without a warrant. You see, a warrant is required in searches because a judge has to sign off on it as being a reasonable search. Now, no such approval is necessary.
Can you still beat a drunk driving charge with a positive blood test? Yes, all hope is not lost. There are options available to you. Although DWI laws are extremely strict, a local criminal defense lawyer like me will fight for your best interests and work on getting you the best results possible on your day in court.
Following your arrest, you only have 15 days to request an administrative hearing to get your license back. Time is of the essence. Contact us today to discuss the specifics of your case and how I might be able to help.
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