Forced Blood Tests in DUI Cases

Missouri v. McNeely was decided earlier this year. The Supreme Court of the United States affirmed the judgment of the Missouri Supreme Court holding, that in a DUI investigation, "the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant."

What that means for the average person is that a police officer cannot hold you down while he sticks a needle into your arm to take your blood by force, at least not without a warrant. If the Court ruled differently officers might could have begun routinely taking blood by force if the person refused to submit to a breath test.

The attorney who represented McNeely, Steven Shapiro, offered his opinion:
 "We know from experience that drunk-driving laws can be strictly enforced without abandoning constitutional rights. Today's decision appropriately recognizes what half the states have already demonstrated – that maintaining highway safety does not require sacrificing personal privacy."

I came across a video posted by Justin McShane, a DUI attorney in Harrisburg, Pennsylvania, showing what happens during weekend DUI saturation event when the arresting officer wanted blood.

In Florida, however, police officers cannot get a warrant to take blood after a person suspected of a misdemeanor DUI refuses to submit to breath or urine testing. What does result is the following:

• A "refusal" can be used against the person at trial as consciousness of guilt
• A second refusal can is an additional criminal offense (up to 12 months in jail)
• A one year administrative suspension of driving privileges, even if they are found not guilty at trial. Eighteen months for a second refusal.

 If your blood was drawn without your consent after a DUI arrest, then please contact my office to discuss your case.