The Supreme Court was recently asked to decide whether police officers should be required to get a search warrant before making a DWI suspect submit to a blood test. They released their decision this past week in the case of Missouri v. McNeely. The Court held that police must try to get a warrant before forcing a DWI suspect to submit to a blood test.

It was argued that under the exigent circumstances exception to the search warrant requirement police should not have to get a warrant because evidence of alcohol in a person’s blood disappears quickly. The Court however was not persuaded. The Court determined that this justification was not enough to waive the warrant requirement. Police must try to get a warrant if they can reasonably do so before taking a person’s blood.

The Court said whether a warrant is required will be judged on a case by case basis depending on whether a police officer was reasonably able to get a warrant before taking blood.

If you should find yourself in a situation where you have been charged with a DWI you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. We defend DWIs and DUIs in Charlotte, Mecklenburg County, Pineville, Cornelius, Huntersville, Lake Norman, Pineville, Matthews, Mint Hill, and UNCC. For a private, confidential consultation with one of our experienced DWI lawyers, please call 704-499-9000 or toll-free 877-374-5999 even on weekends or holidays. Visit our main page here.