What must law enforcement do before conducting a breath or blood test for intoxication?

Before conducting a breath or blood test for intoxication, law enforcement must obtain the subject's consent or a court order. This requirement is rooted in the legal principle of individual rights and the need to respect a person’s autonomy regarding medical procedures. Law enforcement cannot force a person to undergo testing without either their explicit consent or a warrant issued by a court that authorizes the test, especially considering the implications such tests can have on an individual's rights and legal standing.

Obtaining consent ensures that the individual is aware of the test and agrees to participate, while a court order provides legal backing for the test if consent is not obtainable. This protocol aims to balance effective law enforcement with the protection of individual rights, ensuring that tests are conducted lawfully and ethically.