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U.S. Supreme Court

Protects Ornery

Boozy Celebs

4/17/2013 2:00 PM PDT BY TMZ STAFF
breaking news

0417-law-blood-dui-arrestCelebrities are gonna have a field sobriety day with this one ... The U.S. Supreme Court just ruled ... it's unconstitutional for cops to forcibly draw blood from someone who was busted for DUI unless they get a warrant -- or prove a damn good reason for not getting one.

The implications here are far-reaching. If someone refuses a breathalyzer ... cops may have to take the time to write up an affidavit and get a judge to sign a warrant. That time could be enough to allow the person to sober up enough so their blood alcohol level drops below the legal limit.

There's an exception in the ruling, though ... cops can proceed without a warrant if they later prove to a judge that they had a compelling reason to do so.

Just look at the partial list of celebs who have been busted for DUI ... Lindsay LohanBobby Brown, Paris HiltonTaran Noah Smith, Mel Gibson, Chris Klein, Rick Springfield, Richie Sambora, Tracy Morgan, Vince Neil, Kiefer Sutherland, Ty Pennington, Thomas Jane,  Charles Barkley, Sam Shepard, Michelle Rodriguez, Mickey Rourke, Randy Travis, Nicole Richie, Haley Joel Osment, David Cassidy and Chad Kroeger.

It's a game changer ... bar none.

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46 COMMENTS

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16.

thanatos    

But if you refuse a breathalyzer isn't your license automatically suspended?

452 days ago
17.

Deweycheatemandhow    

"Compelling reason". I would think the Breathalyzer would be. So would stumbling. I d/k-don't do criminal law, unless it is for locking up those who abuse underdogs, humans and people, and once in a while, defending someone who got a raw deal.

In the time it takes to get the warrant, someone borderline could sober up just enough and skate, at least on the top charge (.08). And I think defense attorneys always argue the validity of the Breathalyzer and the on-scene tests, so blood is the only thing that holds up.

452 days ago
18.

Erica    

Check your science. There is a way to take a legal blood sample and calculate the BAC at times in the past. We do it all the time in the lab I work for... its 99.9% accurate and admissible in court. This ruling will just make sure the accused rights' are being followed.

452 days ago
19.

David    

Where I live The holidays are No Refusal weekends.....They have a Judge just waiting to sign the warrants .

452 days ago
20.

spectator72    

Not everyone who has a drink is drunk driver DUI is a big money business

452 days ago
21.

Prince Von A-Hole    

Sounds like nothing has changed. They have always needed a reason. And I don't think they can take blood with out your permission.

452 days ago
22.

Rich     

I am totally in agreement with police using blood tests or other tools to determine drunkeness. I roll a new Blazer on a back road and thanks to God did no damage others to my car and myself. Thankfully, after a very high fine and forced classes I put my "act together". DRUNKS KILL simple as that!!!

452 days ago
23.

Lindsay Lohan Fan Forever    

Can Lindsay Lohan sue for damages from 2007 when the cops made her at the hospital?

452 days ago
24.

Jenn    

What happens when the suspected DUI driver dies in the accident and can't consent? Do they still need a warrant before sampling the blood?

452 days ago
25.

barcham    

Since when did it matter if a celeb fails the test or not? It's not like any of them will ever serve jail time for it no matter how smashed they are. 6 months of jail time is only one hour for a celeb.

452 days ago
26.

Ih8Taxes    

Yes, drunk driving s*cks but the 4th Amendment is a valid and just protection against illegal search and seizure.

452 days ago
27.

What You Really Want To See    

TMZ, this has nothing to do with celebrities. Desperate for a headline? Well, nothing has changed.

452 days ago
28.

ex lax    

why does this rule only apply to celebs? What is it take to be one of half the jokes for wasted human trash you mention

452 days ago
29.

coathanger    

Heres a crazy idea... Don't drink and drive.

452 days ago
30.

tom p    

one day, when we get over our immortal life heaven fantasies, we will realize what a waste of life drunk driving causes, and finally start getting serious about it!

452 days ago
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