The Kentucky Supreme Courtroom in Widespreadwealth v. McCarthy decided a defendant now has a constitutionally protected proper to refuse a blood take a look at in suspected circumstances of DUI.
With this ruling, which was revealed April 29, the Supreme Courtroom has mentioned that in contrast to a breath take a look at, which drivers have impliedly consented to take as a situation of driving on public roadways, a blood take a look at is extra intrusive, Hardin County Lawyer Jennifer Oldham mentioned.
Subsequently, it could be essential to acquire a search warrant from a choose to acquire a blood take a look at for a driver suspected of DUI, she mentioned.
“We prosecute over 800 circumstances of DUI a yr in Hardin County. About one-third of these contain drug impairment and could possibly be doubtlessly affected by this resolution,” Oldham mentioned.
The long-running case stems from the DUI arrest of Jared McCarthy by Owensboro police in 2014. The trial choose correctly determined that McCarthy’s refusal to take the warrantless blood take a look at couldn’t be used as proof of guilt, nor might it’s used to boost his sentence, the state’s excessive courtroom mentioned.
In keeping with Outdatedham in an announcement she launched Friday, Commonwealth v. McCarthy reinforces why Kentucky’s county attorneys have been pushing the legislature to amend the state’s DUI statute to make clear that search warrants for blood are acceptable in all DUI circumstances, not simply these involving loss of life or bodily damage.
Oldham mentioned they hope subsequent session Kentucky will be a part of nearly all of different states, together with all of the states bordering Kentucky, by authorizing expedited search warrants for blood in all DUI circumstances, not simply these involving loss of life or bodily damage.
“Most states have a statute that explicitly clarifies {that a} search will likely be obtained within the case of a refusal. We imagine this difficulty wants additional courtroom clarification and maybe a legislative resolution to make that clear,” she mentioned.
Oldham mentioned because the drug epidemic has gripped Kentucky and deepens day by day in Hardin County, drugged driving circumstances have elevated. Somebody driving underneath the affect of medication is equally as harmful as somebody driving inebriated, she mentioned.
Prosecutors must have each instrument within the instrument package to maintain drugged drivers off our roadways, Oldham mentioned within the assertion.
“Somebody on medication shouldn’t be given a free move simply because an alcohol take a look at can’t be used to point out drug exercise and a blood take a look at is required in that occasion,” she mentioned.
In keeping with Oldham, her workplace together with the Kentucky County Lawyer’s Affiliation continues to watch this case, together with whether or not the Kentucky Lawyer Common’s Workplace intends to file a Movement for Reconsideration or search certiorari with the US Supreme Courtroom.
Though upset by the choice, Oldham mentioned native regulation enforcement and prosecutors are ready and will not be be deterred in “our united efforts to aggressively fight each alcohol and drugged-driving in Kentucky.”
“We are going to proceed to hunt search warrants and pursue convictions in these circumstances. There are not any free passes right here and it’s my precedence to proceed to rid our roadways of impaired drivers,” she mentioned in her assertion.
