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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