Former Missouri DWI Judge Comments on U.S. Supreme Court Decision Requiring Warrants for Blood Draws

ST. CHARLES, Mo. - April 17, 2013 - PRLog -- The United States Supreme Court upheld a Missouri ruling today stating that the dissipation of blood alcohol does not create an exigent circumstance sufficient to intrude on a citizen's Fourth Amendment Rights.     Missouri law already compels drivers within the state to submit to a blood, urine, or breath test or face revocation of their license for a year or more. Missouri Prosecutors sought to take matters one step further by allowing officers to force people to submit to blood testing against their will. The United States Supreme Court refused to uphold such a notion.    Mike Carter, former Judge  and long time DWI attorney responded to the news of the Supreme Court's decision: "It's already the case that police officers only need a 'reasonable suspicion' to take someone's driver license for up to a year. The state tried to set a precedent that would allow police to stick a needle in someone's arm without their consent and without a warrant. Today the United States Supreme Court stood up for our Constitutional rights by telling the state that that level of intrusion is not ok."    "Prosecutors and defense attorneys alike have begun to sense a growing dissatisfaction with DWI laws among jurors hearing DWI cases across the state. During initial jury interviews, jurors routinely acknowledge knowing someone who has been adversely affected by a DWI allegation," said Carter.     "Courts are very quick to decide that a few subjective observations by an officer are enough to take away your driving privileges. Things like bloodshot eyes, fumbling for your wallet, or admitting you had one drink earlier in the night is enough for the officer to arrest you and take your license. At least now we have a definitive answer as to whether they can take your blood without your consent as well."    Mike Carter is an independent-minded citizen/lawyer that values prohibiting governments' intrusion into citizens' privacy above nearly all else. He is a former judge, real estate attorney, corporate counsel, Director at the St. Louis Board of REALTORS and Senior Lecturer at the University of Missouri St. Louis.  In 2009, during Carter's tenure as municipal judge in the City of Wentzville, Carter fought a bad DWI charge and was found innocent of driving while intoxicated in nine minutes by a jury. As an attorney, judge, and former defendant he knows the entire process intimately.     This motivated Carter to take an active role in fighting the injustices that can sometimes come along with a DWI case. Carter is the senior attorney at DWI CENTER and runs a websites that offer information to those charged with DWI at  http://www.DwiCenter.com & http://www.DidYouBlow.com. Missouri's DOR's DWI website is  http://dor.mo.gov/drivers/dwiinfo.php.    CONTACT:  Mike Carter +1-314-895-4040, carter@DwiCenter.com

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