DUI Blog

RSS Grab Brooks and Crowley DUI Blog RSS Feeds


Supreme Court of The United States Rules on Warrantless Blood Testing in DUI Case

Joseph Coupal - Tuesday, April 23, 2013
A few weeks ago, I wrote about the oral arguments before the United States Supreme Court on warrantless blood tests in cases of suspected DUI charges in Missouri v McNeely.   The post may be read here. On April 17, 2013, the Supreme Court issued its decision and held that taking and testing a driver’s blood without a warrant was a violation of federal law. In the opinion, Chief Justice Roberts wrote that, although individuals have a lower expectation of privacy while they are in their vehicles,  even in this setting people have a  high expectation of privacy from having their skin pierced.  The Court relied on the Fourth Amendment’s exclusionary rule, and decided that the blood test evidence was inadmissible against the defendant. The Supreme Court was not persuaded by the government’s argument that, since alcohol dissipates from the blood quickly, warrantless blood testing is justified under the so-called exigent circumstances exception to the warrant requirement. In Massachusetts, you always have the option to refuse to submit to a blood test or breath test.  Watch Attorney Steven Brooks discuss your options here. If you are facing a DUI charge, contact Brooks and Crowley LLP to speak with an experienced DUI attorney today.  

Contributed by Laura Martin


[view google map]


Brooks & Crowley LLP serves clients throughout Massachusetts, and has offices in Dedham, Boston and Norwell


Main Office:

Brooks & Crowley LLP.
439 Washington Street,
Dedham, MA 02026
781-277-7321

Tel. 781-277-7321 | Fax 800-625-9021

Boston Office:

Brooks & Crowley LLP
112 Water Street
Boston, MA 02109

Tel. 781-277-7321 | Fax 800-625-9021

Norwell Office:

Brooks & Crowley LLP
320 Washington Street
Norwell, MA 02061

Tel. 781-277-7321 | Fax 800-625-9021

 

© Copyright 2018 Brooks and Crowley | All rights reserved. | Sitemap | Legal | Contact |

Web/Marketing created and maintained by WSI PRO Marketing.