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State v. Blank4/30/2004
), that exigent circumstances sufficient to justify the breath test that was given were present. As the Fourth Circuit stated in United States v. Reid:
Society has a recognized interest in protecting its citizens from drunk drivers. Breathalyzer tests cause a lesser intrusion than blood tests. Time is of the essence when testing for alcohol in the bloodstream. The combination of these factors sets out exigent circumstances which are sufficient to require that the police be allowed to test drunk drivers without first having to obtain a warrant.[ [FN12]]
FN12. 929 F.2d 990, 994 (4th Cir.1991).
For these reasons, I conclude that the exigent circumstances exception to the warrant requirement has been satisfied and would therefore remand this case with instructions to reinstate Blank's conviction.
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