Arizona DUI & Criminal Defense Attorney Blog
On April 17, 2013, The U.S. Supreme Court ruled on Missouri v. McNeely, siding with the lower courts’ decisions in a 5-4 ruling to suppress DUI evidence from being used against the defendant.
The case involved a DUI stop, following a moving traffic violation. After questioning, the driver was arrested for suspicion of DUI, after he refused to submit to a DUI breath and blood test.
Following the arrest he was transported to a nearby hospital where a DUI blood test was taken by a lab technician, at the direction of the police officer. The blood test was conducted without the driver’s consent, and in absence of a warrant. The police officer made no attempt to obtain a warrant to collect the blood for the DUI investigation.