|Forced Blood Draw|
DUI Blood Draw
Florida DUI Expert Criminal Defense Attorney reports: The United States Supreme Court will decide if DUI cops can order a blood sample without a warrant. Now we are at risk of having DUI cops actually ordering a medical procedure. We will follow this case and report back here.
QUESTION PRESENTED: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.
11-1425 MISSOURI V. McNEELY
DECISION BELOW: 358 S.W.3d 65
LOWER COURT CASE NUMBER: SC 91850
CERT. GRANTED 9/25/2012