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California residents could benefit from DUI procedure changes

California DUI suspects often have a hard road ahead of them in court. The necessary procedures during a suspected DUI traffic stop are changing, which could prove to be a positive change for the wrongly accused. A recent decision by the Supreme Court states that police officers can no longer force a driver to give a blood sample without a search warrant.

There were several previous cases referenced regarding this decision. Most stated that their Fourth Amendment right, which refers to unreasonable searches and seizures, was violated during their traffic stop. It was noted that victims felt 'forced' to submit a blood sample. It has been said this won't affect prior DUI convictions. This change is only in effect moving forward.

While some police officers have stated they do not feel this will affect their duties regarding DUI arrests; for suspects, this could help protect their rights. It is important that all suspects are treated fairly and the appropriate testing is administered to prove if someone is truly driving under the influence. Individuals being wrongly accused can damage their reputations, even if they are later cleared of all charges.

Any California resident that has been charged with DUI could benefit from knowing their rights within the state law. Being proactive can prove to be critical when moving forward with a defense. The law states a suspect is innocent until proven guilty and having a strong understanding of the laws as well as procedures that are to be followed during a traffic stop can be helpful.

Source: noozhawk.com, "Supreme Court Case Ends Forced Blood Draws for DUI Cases Without a Warrant," Giana Magnoli, April 23, 2013

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