Ohio County Plans 'No Refusal' Blood Test for Drivers


Clark County, Ohio, is planning a "No Refusal Checkpoint" for all drivers this Friday.

Law enforcement is planning to ask a "neutral and detached magistrate" to issue "blood search warrants" for anyone who appears to be impaired, notes ABC22Now.com.

"All aspects of the criminal justice field will be coordinating to ensure scientific evidence is obtained in all OVI cases," the Clark County OVI Task Force said in a statement.

Police plan to have a nurse draw blood from people to check for alcohol and/or drugs.

However, civil libertarians claim that police checkpoints are warrantless efforts to search people and violate the 4th Amendment, which is supposed to protect Americans from unwarranted search and seizure.

In the 1990 case Michigan Dept. of State Police v. Sitz, the U.S. Supreme Court ruled that police checkpoints did not violate the 4th Amendment and were necessary to combat drinking and driving. The High Court said states could not set up checkpoints anytime or anywhere, but at the same time allowed states to decide when and where they could set up checkpoints.

In 2013, the U.S. Supreme Court ruled 8-1 that police must usually obtain a warrant before forcing citizens to submit to a blood test, reported NPR. At the time, the state of Missouri claimed that because alcohol naturally dissolves in the human bloodstream, police risk losing evidence and should not need a warrant.

Sources: Wikipedia.org, NPR, ABC22Now.com (Image Credit: Richardelainechambers)


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