Can police take my blood by force at a DWI sobriety checkpoint?
Yes, if they obtain a warrant first. In fact, this occurred in Tangipahoa Parish last week when local police officers, prosecutors, and judges teamed up for a “No Refusal Weekend” targeting suspected drunk drivers. The 5th Amendment to the United States Constitution protects citizens from being compelled to testify against themselves in criminal cases. Also, the 4th Amendment protects Americans from unreasonable search and seizures. However, courts have ruled that these constitutional protections do not extend to DWI defendants’ blood samples when courts issue search warrants based on probable cause. Therefore, when police, prosecutors, and judges collaborate to detain drivers who refuse breathalyzer testing, draft search warrants for blood samples, and review and sign the warrants, involuntary blood testing is allowed. Under Louisiana’s DWI law, Revised Statute 14:98, a driver commits a crime when his blood alcohol concentration (BAC) is 0.08 or higher. Blood sample testing is more ac
