Supreme Court to Rule on Important DUI Case

February 23, 2013 (Press-News.org) Supreme Court to Rule on Important DUI Case

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Last month, the United States Supreme Court heard oral arguments in a case involving an arrest for driving under the influence (DUI) that may have serious implications for drivers' Fourth Amendment rights. Specifically, Missouri v. McNeely presents the question whether police may take a blood sample from someone suspected of DUI without a warrant and without the person's consent.

Facts of McNeely

At approximately 2:00am on October 3, 2010, a Missouri highway patrolman stopped Tyler G. McNeely for speeding in the town of Cape Girardeau. In the course of the stop, the officer began to suspect that McNeely had been drinking and he asked him to submit to a series of standard roadside sobriety tests. McNeely failed each of the four tests. The officer twice asked McNeely to submit to a Breathalyzer test to determine his blood alcohol concentration (BAC), but each time McNeely refused. The officer then transported McNeely to a local medical clinic where he asked the man whether he would submit to a blood test. After McNeely refused, the officer directed medical staff to perform the test. The results showed that McNeely's BAC was nearly twice the .08 legal limit and he was immediately arrested for DUI.

Before trial, McNeely's attorney moved to exclude the blood test from evidence because it was taken both without a warrant and without his client's consent. The trial court agreed and decided to exclude the blood test evidence. On appeal, however, the trial court's decision was overturned. The appellate court , relying on the 1966 Supreme Court case Schmerber v. California, found that there are some instances where a police officer may order the testing of a suspect without violating his Fourth Amendment rights. This is particularly important in DUI cases because the alcohol in a suspect's blood is, in fact, evidence; each minute that passes without collecting a sample allows the body to metabolize the alcohol which, in effect, amounts to the destruction of evidence. The issue eventually went before the Missouri supreme court, which overturned the appellate court and excluded the blood text evidence.

The state of Missouri, with help from federal law enforcement officials, decided to bring the case before the Supreme Court. The Court is expected to release its ruling on the case sometime this summer.

A Criminal Defense Attorney Can Help

If you or someone you love has been charged with driving under the influence of alcohol or any other traffic crime, contact an experienced criminal defense attorney. An experienced criminal defense attorney can assess your case, advise you on the effect of a plea deal or guilty verdict and help you protect your rights. For more information about what a criminal defense attorney can do for you, contact a lawyer today.