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New DUI policy: Refuse breath test, cop will seek instant warrant for blood test

Posted on April 15, 2018June 25, 2025 by Dissent

Robert McCoppin reports:

Police in McHenry County will be out for blood with drivers who refuse to take breath tests for suspicion of driving under the influence of alcohol or drugs.

And the practice of officers immediately seeking blood draws from those who won’t submit to a breath screen appears to be spreading, with Lake County also planning to adopt a similar policy.

The strategy in many departments takes advantage of technology that allows police to generate an “e-warrant” that can be sent electronically to a judge for review right from a curbside traffic stop.

Read more on Chicago Tribune.

via Joe Cadillic

So… does this e-warrant approach also apply to applications to search a driver’s or passenger’s cell phone or devices?   What would the police have to provide to a judge to get a judge to sign the warrant? And should searching the device be treated any differently than requiring a blood draw?

As you may have guessed, I’m still working on my first cup of coffee this morning and finding the news puzzling….

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Category: LawsSurveillanceU.S.

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