When Missouri v. McNeely was decided in 2012, 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.”
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.
Arrested? Don’t Wait. Call My Firm Today!
If your blood was drawn without your consent after a DUI arrest, then please contact my office to discuss your case. Regardless of how serious your charges are, you still have rights – should you retain my legal services, you can trust that I will work tirelessly to ensure those rights will be protected. When your liberties are hanging in the balance, you can be confident that I will go above and beyond in building the best possible case on your behalf.