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Could Idaho DUI’s Be Declared Invalid?

Law enforcement agencies and prosecutors in Idaho are concerned after the U.S. Supreme Court ruled that one of their practices is unconstitutional.  The ruling was over whether law enforcement can withdraw blood from someone suspected of a DUI without their consent and without a search warrant.  The court decided that violated a person’s Fourth Amendment rights.In Idaho, law enforcement agencies that draw blood without consent could, up until Wednesday’s ruling, draw it under two different laws – implied consent and exigent circumstances. This ruling complicates drawing blood in the future. But the high court’s ruling  state agencies scrambling. In broad terms, the ruling says taking blood out of someone who is suspected of a DUI can’t be done without a search warrant. But that creates a problem for counties, especially small ones, because it takes time to get a warrant. Also, Idaho is an implied consent state, meaning if you drive on the highways of the state, you have given consent to submit to either breath, blood or urine tests when suspected of DUI. So, county prosecutors and law enforcement agencies have to figure out which way to lean.  It could  be a matter for the Idaho Supreme Court.  In the meantime, police and prosecutors will move forward within the law and this new ruling.

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