U.S. Supreme Court to Review DUI Laws - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

U.S. Supreme Court to Review DUI Laws

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WASHINGTON- The U.S. Supreme Court is reviewing whether a law enforcement officer can force a suspected drunk driver to take a blood test.

Currently every state has different laws.

Some say this law could infringe on a driver's right to privacy.

Law enforcement officers in Maryland and Delaware say they will do anything to keep drunk drivers off the street.

"I have some deputies that are very productive in DUI enforcement that have made two or three arrests in one shift," said Lt. Tim Robinson with the Wicomico County Sheriff's Office.
 
Robinson said a blood test to prove a driver is drunk is not often necessary.

"Under certain criminal incidents, we have called a judge or the state's attorney at 3 o'clock in the morning and they understand that situation," Robinson said.

While law enforcement officers in Maryland say they need a warrant from a judge or a prosecutor to have a blood test taken from a suspected drunk driver, in the state of Delaware none of that matters. Delaware State Police troopers say that a driver can refuse a breathalyzer and a blood test, but deputies can still have that test administered.
     
Nancy Weis said she feels strongly about Delaware's law and would not want to see it changed.

"I believe there should be stricter laws on that. What about the rights of the innocent person that's driving is hit, hurt or killed by a drunk driver or someone who is impaired and shouldn't be driving?" said Weiss.

Others in Delaware agree.

"I feel that if an individual refuses to take a blood test, to me that's showing partially guilt and if the state trooper, or police, sheriff or anyone, they have a right to take that individual in to do a blood test," said Joseph Abbott, who was shopping in Laurel.

According to Mothers Against Drunk Driving, someone is killed in a drunk driving crash every 52 minutes. In 2010, more than 10,000 people were killed in drunk driving crashes.

Some in Delaware say there is no excuse for driving drunk.

Others say forcing a driver to undergo a blood test is infringing on their Fourth Amendment rights.

That amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.

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