If you are pulled over for OWI, stay awake. You lose some of the constitution's protection if you pass out, according to a new ruling by the U.S. Supreme Court. If you remain awake, law enforcement officers must obtain a warrant before drawing your blood for a chemical test. If you're unconscious, however, they can draw your blood without bothering to get a warrant.
The U.S. Supreme Court has agreed to take up a case that could have an important impact on Iowa law. At issue is whether police need a warrant before drawing the blood of an unconscious suspect in order to determine his level of intoxication.
Fighting a DUI involving breathalyzer results is never easy, but it is not impossible. Just like any measurement device, a breathalyzer has weaknesses and a general margin of error, so it is usually possible to build some sort of legal defense against such charges.