Villaume & Schiek, P.A.
Call Us Today, Free consultation
Local 952-232-1886
Toll Free866-719-3452

Supreme Court decision could affect how DWI cases are handled in some states, P.1

On Wednesday, oral arguments were held before the Supreme Court on the issue of whether police should be required to obtain a warrant to draw blood from DWI suspects. The case giving rise to the appeal involves a Missouri law permitting officers to force DWI suspects to submit to a blood draw without a warrant. Attorneys for a Missouri man forced to undergo a blood test argue that the law is unconstitutional.

The law is based on the fact that alcohol dissipates quickly from a suspect's bloodstream, making it important for police to draw blood quickly to obtain an accurate reading. The state of Missouri argues that the law is not unconstitutional as it falls within an exception to the general warrant requirement.

Alcohol, Missouri argues, dissipates in the bloodstream at a rate of .015 to .20 percentage points per hour. In Missouri, as in other states, the legal limit for alcohol is .08.

Attorneys for the Missouri man say that police typically obtain warrants in less than half an hour, and point out that modern technology makes the process quicker in most areas of the country. They also argue that Missouri law allows DWI suspects to refuse a blood test, even if not without consequences.

Every state has some form of implied consent law, which requires DWI suspects to submit to chemical testing. Refusal to submit to such a test results in some consequence, often driver's license suspension.

In our next post, we'll continue with this topic.

Source: Huffington Post, "Warrantless DUI Blood Tests Draw Concern From Supreme Court," Mark Sherman, January 9, 2012

No Comments

Leave a comment
Comment Information

Villaume & Schiek, P.A.
2051 Killebrew Drive, Suite 611
Bloomington, MN 55425

Phone: 952-232-1886
Toll Free: 866-719-3452
Fax: 952-851-9510
Bloomington Law Office Map

  • Risks & potential benefits of disclosing mental illness: Part II
    [Aug 27] Earlier this week, we began a discussion about mental illness as it relates to employment. Most employers understand and are willing to accommodate an obvious and visible disability, such as one requiring the use of a wheelchair. But mental... Read More
  • Risks & potential benefits of disclosing mental illness: Part I
    [Aug 27] It is commonly understood that individuals are at risk of suffering disability discrimination in the workplace if they have an obvious and visible disability. After all, you can't really hide the fact that you rely on a wheelchair unless... Read More
  • Minnesota trio charged with drug sales in sting
    [Aug 27] Three men were detained in Minnesota in relation to their alleged involvement in heroin sales on the morning of Aug. 20. Law enforcement executed search warrants on two apartments in the 300 block of Main Street South beginning at... Read More
  • Trial date for man accused of DWI death of Minnesota newlywed
    [Aug 26] A trial date has been set for a man charged with DWI and numerous other offenses in relation to a car accident that led to the death of a Minnesota woman during her New Hampshire honeymoon. The 2013 crash... Read More
  • False sex crime allegation tarnishes rocker's reputation
    [Aug 24] An allegation of sexual assault can have serious consequences for both the accused and the alleged victim. A recent case involving indie rocker Oberst provides context. The allegation was made on a woman’s personal website. It took a $1.2... Read More
  • Minnesota man sentenced to prison for selling synthetic drugs
    [Aug 22] A Minnesota man who was accused of selling synthetic drugs was received a 17-and-a-half-year sentence on Aug. 14. According to the report, the man was convicted on 51 charges associated with the selling of synthetic drugs known as "spice,"... Read More