Family of Drugged Driving Victim Criticizes Supreme Court Blood Test Ruling
In 2016, a landmark decision in the U.S. Supreme Court made it unconstitutional for police to take a blood test of a suspected DUI driver without a warrant.
However, the ruling has caused a headache for some victims of drunk drivers and their families. The Supreme Court blood test ruling can lower some sentences.
In Arkansas, a driver is accused of being high on drugs before a crash that killed Amber Terry last year.
Her family is fighting for justice, but the Supreme Court ruling just months after she was killed has made it a frustrating process.
A police report into Terry’s death said the at-fault driver fell asleep at the wheel and tested positive for methamphetamine. The case is set to go to trial soon.
At the time of Terry’s fatal accident, police could lawfully draw blood without a warrant, but a ruling by the U.S. Supreme Court in the summer of 2016 made that unconstitutional. Conducting a blood test without a warrant now violates the Fourth Amendment. The justices reached a different conclusion about breath tests which they said are less intrusive.
Terry’s family say the driver who killed her may only be jailed for a year and are fighting for a harsher sentence.
Terry’s mother Gail Cook is calling for a change in the legislation or an amendment to the Supreme Court ruling for cases where death is involved. She said:
"I'm not asking for the moon. I'm just saying that if someone dies like this, they should be able to get your blood and make sure that it was truly an accident.”
Arkansas State Police's latest crash statistics pointed to nearly 500 fatal accidents in 2014. About half of them were alcohol and drug related.
In Virginia, 241 deaths were linked to drunk and other impaired driving in 2015. Drunk drivers caused 4,917 injuries that year, according to the Virginia Highway Safety Office.
The number of DUI crashes decreased consistently in the decade from 2005 when there were 322 fatalities and 7,512 injuries.
You can read more about drunk driving here. Driving under the influence of alcohol or drugs rips apart families and destroys the lives of drivers and victims alike. There is never any excuse for drunk driving or driving with drugs in your system.
If you have been injured by an intoxicated driver or if you have lost a loved one, please call our DUI accident injury team or contact us via our website.