According to a January 9, 2013 Huffington Post report, the United States Supreme Court is divided over the issue of allowing judges to issue warrants for blood tests in DUI cases. The fourth amendment, which requires police to obtain a warrant before conducting a search, is under scrutiny in the case.
The case being heard involves Tyler McNeely, 24, who was arrested in Cape Girardeau County, Missouri on DUI charges on October 3, 2010. According to court documents, McNeely was pulled over, and the officer suspected he had been drinking. After failing field sobriety tests and refusing a Breathalyzer test, McNeely was taken to a local hospital.
McNeely refused a blood test at the hospital, but the arresting officer ordered one anyway without obtaining a warrant. The test was administered against McNeely’s will while handcuffed. His BAC was reported at .154%, almost double the state’s .08% legal limit.
During the proceedings, Chief Justice John Roberts said, “One of the things I think affects the view in this case is it’s a pretty scary image of somebody restrained, and, you know, a representative of the state approaching them with a needle.” The case also raised questions about the need for a warrant for urine and breath analysis tests.
At trial, McNeely’s attorney argued that the police had violated McNeely’s fourth amendment rights, and the judge agreed. From there the case went to Missouri appeals court, which upheld the decision. It finally landed in Supreme Court.
At this time, around half of all states, including Georgia, require a warrant in cases like this.
McNeely faces four years in prison and a felony charge because he was convicted of DUI twice before.
For more information on this and other Georgia DUI matters, contact the Law Offices of Scott Miller today.
