DUI

On January 9th, 2013 the U.S. Supreme Court heard arguments in Missouri v. McNeely on whether police may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Facts Missouri police initiated a traffic stop …

U.S. Supreme Court Hears DUI Warrantless Blood Draw Case Read More »

On April 17, 2013 the U.S. Supreme Court in Missouri v. McNeely answered the question of whether police can obtain a nonconsensual warrantless blood sample from a person accused of DUI.  The answer is Yes, police will have to get a warrant first (most times). The court held “that in drunk-driving investigations, the natural dissipation of alcohol in …

DUI Blood Draw Unconstitutional Read More »