Cleveland, Tennessee
1401 Spring Place Rd SE
Cleveland, TN 37311
(855) 472-7269

What Police Need to Know About Blood Alcohol Testing & the Fourth Amendment October 4, 2019

Cleveland, Bradley
What Police Need to Know About Blood Alcohol Testing & the Fourth Amendment, Cleveland, Tennessee

Drunk driving can lead to injuries, damages to property, and even loss of life. To help reduce the cases of driving while intoxicated, law enforcers implement random checks on the road. A blood test is typically the best way to know if a person is intoxicated. However, law enforcers turn to other alcohol monitors because forcing someone to undergo a blood test violates the Fourth Amendment to the U.S. Constitution. Below, learn how this amendment ties into alcohol testing and what court cases have caused law modifications.

How Does the Fourth Amendment Relate to Alcohol Testing?

According to Cornell Law School, the Fourth Amendment secures each person’s right against arbitrary arrests. It is also the basis of laws relating to stop-and-frisk, safety inspections, search warrants, and other forms of surveillance.

Because of the Fourth Amendment, police officers cannot force anyone to undergo a blood test as an alcohol monitoring procedure unless there is a warrant. Getting a warrant, however, entails having reasonable suspicion as well as proof of driving while intoxicated.

What Court Cases Led to the Current Laws?

alcohol monitorBelow are two court cases that have led to laws that penalize drivers who decline undergoing alcohol monitor testing.

Birchfield v. North Dakota 

Danny Birchfield declined a blood draw examination upon having been arrested for DWI. He faced charges of a misdemeanor as well as the violation of the refusal statute. The defendant entered a conditional guilty plea, arguing that charges for his blood draw refusal violated the Fourth Amendment. The prosecution was upturned based on the blood drawn without a warrant and the absence of an urgent situation that justified it.

Bernard v. Minnesota

Upon declining a breath test, William Bernard was charged with test refusal in the first degree. Bernard insisted that forcing a person to undergo a test without a warrant violates the Fourth Amendment. His prosecution was upheld as the Fourth Amendment does not require a warrant for a breath sample.
 

For the latest alcohol monitor devices and systems on the market, trust Tennessee Recovery & Monitoring in Cleveland, TN. Serving legal entities, behavioral health organizations, and residential entry programs, the trusted company offers alcohol bracelets, scram devices, breathalizers, drug patches, ignition interlock systems, and other industry-leading products. Call (855) 472-7269 or visit their website to learn more about their services.

Other Announcements, Events and Deals from Tennessee Recovery & Monitoring
What Are Alcohol Bracelets?, Cleveland, Tennessee
As driving under the influence puts everyone on the road at risk, repeat offenders are subjected to steep penalties. As a condition of the sentence, someone might be ordered by the c...read more
What to Know About Ignition Interlock Devices, Cleveland, Tennessee
Vital for preventing drunk drivers from getting behind the wheel, ignition interlock systems help keep the roads safe. If a person has been convicted of a DUI, they ma...read more
What You Should Know About Breathalyzers, Cleveland, Tennessee
Breathalyzers are alcohol monitoring devices that can estimate blood alcohol content from a breath sample. These monitors, which help protect drivers and pedestrians from impair...read more
How Law Enforcement Can Prevent Drunk Driving, Cleveland, Tennessee
Drunk driving is a significant problem in the U.S., causing countless deaths each year. Policing it requires careful strategy, and there are many ways law enforcement can improv...read more
5 Common Questions About Ignition Interlock Systems, Cleveland, Tennessee
It’s standard to have your license suspended if you’ve been convicted of driving under the influence (DUI), but some states also mandate that you have an ignition interlock system in...read more