The United States Supreme Court is going to weigh in on the constitutionality of a Missouri DUI case that involved a State Highway Patrolman obtaining a blood sample without the consent of the driver.
Tyler G. McNeely was stopped for speeding on October 3rd, 2012; he then failed field sobriety tests, according to the officer. He was then transported to a hospital where his blood was withdrawn without a warrant.
At trial, the Court held that taking McNeely's blood without his consent violated his rights under the Fourth Amendment which guarantees an individual's right to be free from unreasonable search and seizure.
The Court emphasized that no 'special circumstances' existed that would justify a blood draw without a warrant.
The State Appeals Court overruled, stating that evidence of blood alcohol in a DUI case was a 'special circumstance', in that it could have decreased while the Trooper was getting a warrant.
The case then went to the Missouri Supreme Court, which sided with the original court's ruling that the taking of McNeely's blood was in fact a violation of his Fourth Amendment Constitutional rights.
The further erosion of civil liberties in the realm of Criminal Law, and especially DUI Law continues, and Missouri DUI law is on the forefront. If you have been charged with DUI contact our office today.