In the Supreme Court: DUI Blood Test Without a Warrant [Radio]
The U.S. Supreme Court is deciding whether police can draw blood from a DUI suspect without the driver’s permission and without a search warrant.
Outside Cape Girardeau, Mo., police stopped trucker Tyler McNeely for speeding. He was physically unstable, had bloodshot eyes, smelled of alcohol, failed the field sobriety tests and refused the breathalyzer test. This would have been his third DUI. The officer took McNeely to a hospital and had his blood drawn without his consent and without a warrant.
More than 10,000 people are killed each year by drunk drivers. Does this outweigh your right to privacy and to be free from having blood drawn at the government’s request without your permission?
Courts have ruled that law enforcement can bypass the warrant requirement under “exigent circumstances” (in emergencies). Larry tells you the states that have ruled collecting and preserving blood alcohol evidence, which breaks down in the body over time, meet this criterion. He also lists the states that have ruled these circumstances are not enough to override your Fourth Amendment rights.
Larry reveals which state has the most alcohol-related driving deaths and this state’s stiff penalties — for even first-time DUI offenders. Listen to the full radio interview and read more on our coverage of the McNeely case or learn about DWIs on Lawyers.com.