CAN THE POLICE FORCE ME TO TAKE A BLOOD TEST?

MORE BAD NEWS FOR THE FOURTH AMENDMENT
THE ALTERNATIVE EXCEPTION
The Fourth Amendment Exclusionary Rule has always excluded primary evidence discovered by an illegal search and evidence later discovered which is derivative of the illegality. One exception to this rule is the Alternative Doctrine. The Alternative Doctrine provides for the admission of the evidence if the connection between the unconstitutional police conduct and the seized evidence is sufficiently remote or has been interrupted by intervening circumstances.
IN A DUI ARREST CAN THE POLICE FORCE ME TO TAKE A BLOOD TEST?
In Kentucky, if you are arrested for a DUI and you refuse to take a breath test/blood test, you will lose your driver’s license. This is called a pre-trial suspension. You will also be charged with “DUI aggravator” if you have a prior DUI. In 12 states if you refuse the breath and blood test, it is a crime. These states not only impose a license suspension, but it becomes a separate crime to refuse a breath test. However, states cannot make it a crime if you refuse to take a blood test after a DUI arrest. All 50 states have Implied Consent laws. The ICC holds that when you drive on a state road, you have consented to a breath/blood test if arrested for a DUI. The U.S. Supreme Court has consistently ruled that alcohol testing is a Fourth Amendment search. For breath tests, the U.S. Supreme Court balances the legitimate government interest before the intrusion to the citizen. The Court held there is no real intrusion on the driver’s body in obtaining a breath sample. The effort of giving a breath sample is no more demanding than blowing up a party balloon. The state needs breath tests to fight the real problem of DUI drivers, which is more important than any personal intrusion of blowing. However, blood tests are different. Blood tests are intrusive because needles are required. Blood samples are retained, breath samples are destroyed.