Police in Maine will have to follow new rules when investigating fatal crashes, after a long-standing statute allowing law enforcement to obtain blood samples from drivers was ruled unconstitutional by the Maine Supreme Court on Tuesday."This is a major change in Maine law that's been around for a long, long time," said prominent Maine defense attorney Walt McKee.The statue was challenged by the defense team for Randall Weddle, a Tennessee truck driver convicted of manslaughter for a fatal 2016 crash. Weddle claimed the mandatory blood alcohol test violates the Fourth Amendment of the Constitution barring unlawful search and seizures. While justices agreed, they upheld his conviction, citing unique circumstances of the case and saying investigators were acting in good faith when they administered the test. The ruling means law enforcement will either need to get consent, get a warrant, or prove probable cause before drawing blood. "Now, when people are involved in accidents that are fatal, might be, or probably going to be fatal-- that they're no longer going to be required to submit to an alcohol test," said McKee.Assistant Attorney General Don Macomber said police departments have been informed of the change in process. "The difference now is that they're also going to have to divert their attention from immediate life-saving activities to also try to develop probable cause of impairment before they can draw the blood," said Macomber. McKee said it makes sense there should be a process for drawing blood. "I think it's an important decision because what it tells us is that our individual rights and our individual liberties are still very much alive, that a search warrant is necessary for law enforcement to in essence force blood to be removed for your system," he said.

Police in Maine will have to follow new rules when investigating fatal crashes, after a long-standing statute allowing law enforcement to obtain blood samples from drivers was ruled unconstitutional by the Maine Supreme Court on Tuesday.

"This is a major change in Maine law that's been around for a long, long time," said prominent Maine defense attorney Walt McKee.

The statue was challenged by the defense team for Randall Weddle, a Tennessee truck driver convicted of manslaughter for a fatal 2016 crash. Weddle claimed the mandatory blood alcohol test violates the Fourth Amendment of the Constitution barring unlawful search and seizures. While justices agreed, they upheld his conviction, citing unique circumstances of the case and saying investigators were acting in good faith when they administered the test.

The ruling means law enforcement will either need to get consent, get a warrant, or prove probable cause before drawing blood.

"Now, when people are involved in accidents that are fatal, might be, or probably going to be fatal-- that they're no longer going to be required to submit to an alcohol test," said McKee.

Assistant Attorney General Don Macomber said police departments have been informed of the change in process.

"The difference now is that they're also going to have to divert their attention from immediate life-saving activities to also try to develop probable cause of impairment before they can draw the blood," said Macomber.

McKee said it makes sense there should be a process for drawing blood.

"I think it's an important decision because what it tells us is that our individual rights and our individual liberties are still very much alive, that a search warrant is necessary for law enforcement to in essence force blood to be removed for your system," he said.

Original post:

Blood draws and fatal crashes: What the new ruling means - WMTW Portland