DUI Testing

DWI, DUI Testing Out The Window?

Recently, the United States Supreme Court held in Missouri v McNeely, that police may not take blood samples from suspected DWI offenders in certain instances, without obtaining a search warrant before the test is administered. That would seem to mean that blood tests obtained after a DWI stop, without a search warrant may no longer be useful.

It is not unusual for new case law or a new statute to be unclear to lawyers and judges. It will take a while for our Courts, Judges, defense attorneys and prosecutors to understand and adjust to McNeely. Does McNeely overrule the idea that it is illegal to refuse to take a blood or breath test when stopped for a DWI or DUI? If that is true, then how do police prove someone was drunk and driving when they are stopped by the police? What happens if by the time the search warrant is issued, the alcohol has dissipated in the blood of the arrestee? Then what?

What about current DWI, DUI arrests awaiting trial or resolution? How does this new law affect those cases? It will be interesting to see how much change will result from this case. If you have a pending DWI or DUI charge, you should call your attorney now.

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