Warrantless Blood Draws: Supreme Court Has Doubts.

Just this week the U.S. Supreme Court decided the case of Missouri v. McNeely.  The Court held that the mere passage of time (resulting in the metabolism of alcohol) did not justify a warrantless blood draw.  The Court did not outlaw all non-consensual warrantless blood testing in DUI cases, but they should now be rare across the country.  The Court disagreed with the State of Missouri, which argued that the passage of time created an “exigency” which justified the failure to obtain a warrant.  Georgia law did not purport to allow forced blood testing without a warrant, but some aspects of our implied consent law may now be called into question. 
Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website

You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

AddThis Social Bookmark Button

Leave a Reply

You must be logged in to post a comment.