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Can a Police Officer Get a Warrant for My Blood Test at A Traffic Stop?

Mockaitis Law Group LLC Sept. 11, 2020

Drunk driving remains a deadly problem in Illinois and the rest of the country. Coupled with the less than favorable weather experienced in the northern states, especially during the fall and winter, risks run high. For these and other reasons, police officers may feel compelled to go the extra mile to get drunk drivers off the road.

If law enforcement believes you are driving impaired in Illinois, you may have the right to refuse a breathalyzer test. However, according to the Chicago Tribune, law enforcement may follow up by applying for an e-warrant during the traffic stop. They may have a judge’s approval for a blood test within mere minutes.

Repeat Offenders Face Greater Risks

The unfortunate truth is that anyone may find themselves at risk of driving impaired. This may happen after switching to new medication or having one drink too many at the bar on an empty stomach. Law enforcement officers claim that people who make one honest mistake do not represent their targets. Instead, they hope to catch repeat offenders.

Unequal Application Across the State

The practice of using e-warrants to get blood tests continues to spread across the state, but not in all areas. Some jurisdictions only reserve this tactic for more serious cases, such as when called to the scene of a fatal accident.

People who oppose the practice say it infringes upon constitutional rights. Others point out emergency rooms may now become overwhelmed with taking blood draws to suit the agenda of police officers. People who support the law believe it is a sacrifice worth making to keep roadways safer.