In Missouri v McNeely the US Supreme Court addresses warrantless blood draws in DUI/Drunk Driving Cases


The respondent McNeely was initially detained by a Missouri state police officer for speeding and crossing the center line in his vehicle. McNeely declined to take a breath test; and afterwards, he was arrested and taken to the nearest hospital for a blood test. The arresting officer never attempted to obtain or secure a search warrant prior to the blood test. The respondent refused to consent to the blood draw; however, the arresting officer then directed a laboratory technician to take a sample of McNeely's blood. His blood tested well above the Missouri legal limit in DUI/drunk driving cases. McNeely was then officially charged with DWI (driving while intoxicated).

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Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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