Ex Parte Love

This Court granted certiorari to determine whether the Court of Criminal Appeals was correct in approving the admissibility of a blood sample taken from the petitioner while he was not under arrest. Concluding that Code of 1975, § 32-5-190 et seq., does not provide the "exclusive means for admitting blood alcohol test results," that court held that such test results were admissible as evidence "when there is probable cause to believe the motorist was driving while intoxicated and exigent circumstances are present," even though the motorist was not lawfully arrested. 513 So.2d 19.

The facts are…