Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a state judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states filed a petition asking the U.S. Supreme Court to pick up the case.
If the high court takes up the case, their decision will have national implications. Granting the prosecutors’ request will make it easier for authorities to take blood samples without a judge’s approval in suspected DUI cases. Without a change in the law, blood tests that reveal drivers were above the legal limit — but were taken without a warrant — will continue to be excluded from trials.
