New Legislation Would Avail Search Warrants For DUI Stops


Posted on Mar 23, 2009

A new Rhode Island House bill — H5039 — would give police the opportunity to request a search warrant that would allow the taking of blood, breath or urine, or perform a chemical test in potential cases of driving under the influence.  If probable cause exists that the individual has been driving under the influence of intoxicating liquor or narcotics and the individual has refused to consent to a chemical test when asked by the officer, the police could petition for a search warrant under this legislation. The warrant would be available to law enforcement only in incidents that resulted in death or serious bodily injury.  Current state law forbids the use of a search warrant to obtain a bodily tissue sample, if an operator refused a chemical test voluntarily. Forty-four other states, however, allow for the search warrants.

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