The United States Supreme Court is considering whether to change the law and force drivers to take a blood test without a warrant to do so. Presently, the law says that such a search would violate the Fourth Amendment against unreasonable searches and seizures.
Arguments in favor of passing the law include that the risk of a blood alcohol level decreasing over time represent an exigent circumstance that warrants immediate action. Presently, police can only take a warrantless blood draw if there is an accident in which there was a serious bodily injury or a death. Colorado is on of approximately 20 states that prohibit warrantless blood draws. A decision is anticipated around May, 2013.