JUNEAU, Alaska (AP) — A state appeals court has found that judges can issue search warrants for blood samples in cases where motorists suspected of driving under the influence refuse to take a breath test.
Friday's Court of Appeals decision came in the case of a man named David Evans in Nome's judicial district.
Police obtained a search warrant to draw a blood sample from Evans in 2013 after he refused to take a breath test. The sample showed that Evans had a blood-alcohol level of .094. The legal limit is .08.
Evans argued that such warrants in cases like his, which did not involve an accident resulting in death or injury, were improper and asked a judge to suppress the results. A judge agreed.
But the Court of Appeals reversed that decision.