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Criminal Law

: Fourth Amendment

PBSO to seek blood draws and DUI checkpoints

By John Wesley Hall, Jr.

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From a reader: The Palm Beach County Sheriff's Office plans to draw blood from DUI suspects who refuse a breath test at checkpoint stops. PBSO Plans To Draw Blood At DUI Checkpoints. PBSO deputies plan to set up driving under the influence checkpoints. If they suspect a driver is under the influence, they'll offer an on-the-spot Breathalyzer. If drivers refuse, deputies will ask to draw blood from their arms. Officers plan on having a judge on stand by to get a warrant for blood. Attorney David Olson said that "would only be lawful if a warrant is issued by a judge." That's just what deputies plan to do. They'll actually drive to a judge's home for a signature and return to the checkpoint. Olson said drawing blood from drivers is usually done in extreme cases like homicides and fatal collisions...continue to full post

Full post as published by Fourth Amendment on February 24, 2009 (boomark / email).

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