By AP/KWMU
St. Louis, MO – A state appeals court in St. Louis yesterday said police may get a search warrant for a blood sample if a drunken-driving suspect refuses a breath test.
The ruling preserves how authorities handle DWI cases statewide. At issue was whether drunken-driving suspects could avoid giving blood or urine samples by first refusing a Breathalyzer test. Current state law says no test shall be given to a DWI suspect if he or she refuses.
But the judges said that applies only to police who seek other tests without a warrant.