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DUI Blood Test
The Supreme Court has recently struck down the per se rule that require individuals to submit to a blood test without a warrant. The Court does not want to depart from the “case-by-case assessment of exigency [to] adopt the categorical rule proposed by the State.” Missouri v. McNeely, 11-425. (2013). The Fourth Amendment mandates police officers to “reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search.” McDonald v. United States, 335 U. S. 451, 456 (1948).
The Court acknowledges that in some circumstances obtaining a warrant may be “impractical” because the alcohol in the individual’s bloodstream could dissipate. However, each case should be decided based on its facts and not an overgeneralization of a per se rule. Also, it takes some time for the officer to escort the defendant to a medical facility. During this process, the officer could expedite the warrant to draw blood from the defendant. With the advancement of technology contacting the proper personnel to obtain an expeditious warrant has become less difficult now than years ago.
In this case, the Court understands the officer’s duty to limit the amount of intoxicated drivers. However, that duty should not at the expense of diminishing one’s Fourth Amendment Right.
If you have any questions about your DUI blood test, contact San Diego Award-Winning DUI Attorney Vik Monder or visit DUI Blood Test Attorney
