“DUI offenses probably take up the largest part of our criminal trial list, our case load,” said Bedford County District Attorney Bill Higgins. “Now, our United States Supreme Court says, ‘You know, we’re going to make it easier for drunk drivers. Harder on prosecutors.'”

 

The Supreme Court of the Untied States recently ruled blood samples cannot be used as evidence unless the investigator has the search warrant to do so.

 

“Well it is very ridiculous, but I do think that there is some relief there,” Higgins said. “I think our approach right now is that you have to get a search warrant unless there’s exigent circumstances. Well, if you’re getting a DUI Monday through Friday, 9 a.m. to 5 p.m. while the magistrate’s in their office and the police officer can get to the magistrate’s office, get that search warrant typed up, get them to the hospital… you could do that within two hours. If it’s at four o’clock in the morning on a Saturday night, probably can’t do that within two hours and that would create an exigent circumstance.”

 

Higgins said this will change some of the current cases he’s working on. “Every one of these cases is going to hinge on very specific facts, and this could all change once the Pennsylvania courts rule on this.”

 

Blood tests provide undisputed evidence for prosecutors.  Without is, suspected drunk drivers could receive shorter sentences. 

 

“In the end it’s a sad day when we’re sitting here saying, ‘How do we combat the courts trying to make it easier, life easier, for drunk drivers?’ And we have to combat that,” Higgins said. “But we will.”

 

Higgins said, for now, all 67 county prosecutors are handling this ruling a little differently.  That is, at least until the state makes an overarching decision that amends PA laws.