On April 17, 2013, the United States Supreme Court ruled that the government cannot force a DUI suspect to submit to a forced blood draw without a search warrant in a routine DUI investigation. The opinion will mandate changes in dozens of states where law enforcement routinely force suspected drunk drivers to submit to a forced blood draw. In Missouri v. McNeely, the complex opinion delivered by Justice Sonia Sotomayor ruled that, when the Missouri state police required a forced blood draw from Tyler McNeely, a suspected drunken driver, the police violated McNeely’s Fourth Amendment rights.
Forced Blood Draws: Supreme Court Says “No Go”
The Supreme Court failed to make any bright line rules as to when and under what circumstances police could initiate a forced blood draw without a warrant. Instead, it seemed that it would be a case-by-case basis. Read more.