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TODD K. MOHINK, PA Glen Burnie & Columbia Family & Criminal Lawyer

DUI defense: Breath and blood tests can be challenged

Many drunk driving cases hinge on the defendant’s blood-alcohol concentration at the time of the accident. A recent ruling by the United States Supreme Court might have an impact on the methods that are used to obtain the BAC for people who are pulled over for the suspicion of drunk driving. This new ruling is something that we can consider as we work on your defense strategy.

The ruling from the Supreme Court says that in order to obtain a blood sample for BAC testing, a search warrant is necessary. Interestingly, the same ruling noted that law enforcement officers don’t need a search warrant for breath tests because the breath test isn’t considered as invasive as a blood test. This ruling is one that we might be able to use in some criminal cases to fight against DUI charges.

We know that many people are worried about implied consent and the fact that they can lose their driver’s license if they fail to submit to a BAC test. If you declined to take a BAC test, we can help you learn about the options that you have to fight against the loss of your license. This can be a complicated undertaking, but we can help you determine what courses of action you have.

This Supreme Court ruling shows how it is possible for laws to change in a way that can affect certain criminal cases. Keeping up with the changes can be difficult, but we are here to ensure that your defense strategy is built upon laws and precedents that apply to your case.

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