U.S. Supreme Court Rules On Missouri DUI Blood Sample Search

On behalf of The Marks Law Firm, L.L.C. posted in DWI/DUI on Friday, April 19, 2013

This week, the U.S. Supreme Court handed down its decision in Missouri v. McNeely, deciding by a narrow vote of 5-4 that the Fourth Amendment prohibits a per se rule that whenever police have probable cause to believe an individual to have been driving under the influence that the police can procure a blood sample from that individual to determine the blood alcohol level.

McNeely caused the Court to revisit for the first time its decision in Schmerber v. California, a nearly fifty-year-old Warren Court decision that allowed for a limited exception to the warrant requirement for the taking of a blood …