The appeals court decision is backed by a 2013 ruling in which the U.S. Supreme court announced that officers most of the time attempt for a search warrant from a judge before ordering blood test for accused drunken driving suspects. The Texas court replied by announcing a non consensual search of a DWI suspect's blood conducted without a warrant or exception to the warrant requirement, is in violation with the Fourth Amendment. The Fourth Amendment protects against unreasonable search and seizure.
State laws provide exceptions to law enforcement to obtain blood samples including if there was an accident in which a person was killed or injured.
I disagree with Texas court of criminal appeals. I believe that law enforcement should not need a search warrant for blood samples. The use of this procedure is to insure the safety of people on the road. People who decide to drink then attempt to operate a vehicle know before they step in the vehicle all the risks that can happen while intoxicated and driving, and being pulled over and being checked out by law enforcement is the risk they take with their actions.
If search warrants are approved and take effect there are going to be many more drunk drivers being allowed to stay on the streets due to the strict exceptions that have to be made just to get a blood sample.
I understand the people that are being charged feel like their rights are being violated, but in order to protect millions of people on the roads that could be families or grandparents or young kids, people who decide to drink then drive should think twice about what choices they make.
For more information on this article go to http://www.myfoxaustin.com/story/27496558/warrant-needed-to-draw-blood-in-dwi-cases
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