Discuss Your Legal Concerns With An Experienced And Compassionate Lawyer.
Hablamos Español
615-366-1211
Saenz & Maniatis, PLLC

Supreme Court: warrant isn't generally needed to draw blood

In a 5-4 case, the United States Supreme Court ruled that a warrant is not generally needed to draw blood from an unconscious person suspected of DUI. In the case of Mitchell v. Wisconsin, the Court's Opinion stated that police are almost always allowed to order a blood draw from an unconscious driver without a warrant when they have probable case to believe the person was driving drunk.

The Court found justification in the "exigent circumstances" exception to the warrant requirement of the Fourth Amendment. This exception allows evidence to be seized or searched without a warrant under the reasoning that it would prevent the destruction of relevant evidence, the escape of the suspect, or some other consequence that would improperly frustrate legitimate law enforcement efforts. The Court ruled that the natural dissipation of alcohol from a suspect's blood was enough justification to seize the blood prior to obtaining a warrant.

The case involved a man charged with DUI in Wisconsin after a report was made about a man driving erratically and appearing drunk. Once pulled over, a preliminary breath test showed him to be triple the legal limit. By the time officers brought him back to the station, he was too slow and drowsy to take a breath test so he was taken to the hospital. On the way he passed out, and his blood was taken while he was unconscious.

If you have questions about DUI in Tennessee contact the attorneys at Saenz & Maniatis, PLLC at (615) 366-1211. Se Habla Español.

No Comments

Leave a comment
Comment Information
Contact the Firm

Get Legal Help Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Saenz & Maniatis, PLLC 2874 Elm Hill Pike Nashville, TN 37214 Phone: 615-366-1211 Phone: 615-366-1611 Fax: 615-366-1611 Nashville Law Office Map

Review Us