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Supreme Court Ruling

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katrina2010

Junior Member
What is the name of your state (only U.S. law)? Ohio What affect do you think the new ruling will have on dui/oui blood tests? It is now a law that they have a warrant for them to take your blood. How do you think it will affect people currently waiting on their court date and or past sentencing for OUI refusal?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ohio What affect do you think the new ruling will have on dui/oui blood tests? It is now a law that they have a warrant for them to take your blood. How do you think it will affect people currently waiting on their court date and or past sentencing for OUI refusal?
This is not a forum for hypothetical discussions.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? Ohio What affect do you think the new ruling will have on dui/oui blood tests? It is now a law that they have a warrant for them to take your blood. How do you think it will affect people currently waiting on their court date and or past sentencing for OUI refusal?
Hardly a NEW ruling, since the USSC made the decision in 2013 that a warrant was needed to compel blood in most instances. I could articulate the impact it has had in my state, but, this is not the appropriate place to engage in such discussions.

If you are referring to the April 2016 decision, as I recall that one dealt with criminal sanctions for refusing to take a blood test (something that does not exist in most states).

Do you have an actual situation you want to ask about? Or, are you merely hypothesizing?
 

CdwJava

Senior Member
Read that case.. Interesting question asked.
Which one? I had a number of DUIs with compelled blood draws pending when that ruling came down in 2013.

Quite the conundrum in CA, not the least of which was there was no provision in state law to permit a warrant for blood! We simply could not get one! It took us about 6 months to get the law modified, and longer for the counties to come up with a system that worked. Lots of DUIs got away from us in the interim.
 

CdwJava

Senior Member
Here is a link to the USSC Opinion in Birchfield v. North Dakota, Decided June 23, 2016: http://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf
Yeah, that appears to be the one that has caused so many headaches. For several months people could (and DID) refuse and we could not compel blood in most circumstances since there was no legal path to obtaining a search warrant for blood in misdemeanor cases in CA. Even since then, we have people playing the system to try and get beyond the 3 hour limit. (I had a parolee keep asking for time checks)
 

Ohiogal

Queen Bee
Which one? I had a number of DUIs with compelled blood draws pending when that ruling came down in 2013.

Quite the conundrum in CA, not the least of which was there was no provision in state law to permit a warrant for blood! We simply could not get one! It took us about 6 months to get the law modified, and longer for the counties to come up with a system that worked. Lots of DUIs got away from us in the interim.
The Ohio Supreme Court case.
 

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