State v. McNeely
Annotate this CaseDefendant Tyler McNeely refused to consent to an alcohol breath test or a blood test after he was arrested for driving while intoxicated. The arresting patrolman, without seeking a warrant from a judge, ordered a medical professional to draw Defendant's blood. The trial court sustained Defendant's motion to suppress the results of the blood test, concluding that the nonconsensual and warrantless blood draw was a violation of Defendant's Fourth Amendment rights. The Supreme Court affirmed, holding (1) the fact that blood-alcohol levels dissipate after drinking ceases is not a per se exigency pursuant to Schmerber v. California justifying an officer to order a blood test without obtaining a warrant from a neutral judge; and (2) the arresting patrolman, therefore, was not justified in failing to seek a warrant before drawing Defendant's blood over his refusal to consent.
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