DUI: A warrant authorizing testing of a blood sample for intoxicants does not require separate findings of PC for drugs and for alcohol so long as there is PC to suspect intoxication caused by alcohol, drugs or a combination of both.
DUI: A search warrant authorizing a blood draw authorizes testing of the blood for intoxicants.
Following an arrest for DUI, a WSP Trooper obtained a search warrant to draw Mr. Martines’ blood. The warrant did not include express authorization to test the blood sample. Mr. Martines argue the State lacked PC to test for the presence of drugs in his blood and that the warrant was insufficient to permit testing of the blood because it did not specifically authorize blood testing.
HELD: A warrant authorizing a blood draw necessarily authorizes the blood testing consistent with and confined to the finding of probable cause. A warrant authorizing the testing of a blood sample for intoxicants does not require separate findings of PC for drugs and for alcohol so long as there is PC to suspect intoxication caused by alcohol, drugs or a combination of both.
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