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Oregon Court of Appeals Rules a Warrant is Needed for DUI Blood Tests

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The Oregon Court of Appeals overturned the DUI conviction of Thomas Gregory Machuca (Oregon v. Machuca http://www.publications.ojd.state.or.us/A133362.htm) upon determining the defendant was coerced by police to submit a blood sample.  Machuca testified that he agreed to the test only after the officer threatened him with a $1,000 fine and a 12-month suspension of his license.  The Court of Appeals ruled this was a violation of the search and seizure requirements of the Constitution and thus a warrant was necessary.  This ruling stands to have a noticeable impact on future DUI arrests in Oregon.

 

 

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