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Drunk driving stops might involve a search warrant now

The feeling like your heart is dropping when you see the flashing lights of a police car behind you isn't a good feeling. When you have been drinking, that feeling is likely even worse. There are some very important things for you to remember if you are being stopped for the suspicion of drunk driving because the police officer's actions and your actions can have an impact on your defense if you are charged with drunk driving.

We know that you might find it difficult to decide what to do if you are pulled over. We know that you might be worried and even frightened. Because of that, you should take things slowly and think before you act when you are stopped.

One of the points of a drunk driving stop and subsequent arrest that has a huge impact on your case is the blood alcohol concentration tests that are conducted. These results are often the basis of the case against you.

When it comes to BAC tests, the police officer can lawfully ask that you take a breath test. If you fail to comply, you face the loss of your driver's license. Unlike a breath test, the police officer would need to obtain a search warrant if he or she wants you to take a blood test to determine your BAC. This is a recent change based on a United States Supreme Court ruling that could have a big impact on drunk driving cases.

Understanding all of the current laws, precedents, and rulings is crucial in drunk driving cases. A lot of aspects of your life, including your ability to legally drive, are determined by the outcome of your drunk driving case.

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Hertel Law, S.C.
4330 Golf Terrace, Suite 108
Eau Claire, WI 54701

Phone: 715-598-2761
Fax: 715-832-5159
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