Nonconsensual DUI Searches Are To Be Reviewed On A Case-By-Case Basis

In Missouri v. McNeely, 133 S. Ct. 1552 (2013), the United States Supreme Court held that in DUI investigations, 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.

McNeely was stopped for speeding and crossing the centerline. After declining to provide a breath sample, McNeely was taken to a hospital where blood was drawn without his consent and without a warrant. The results of the blood draw were above the legal limit and McNeely was charged with DUI.

McNeely moved to suppress the results as a violation of his 4th Amendment rights (a warrantless nonconsensual search) and the trial court agreed. The State Supreme Court affirmed, finding that this was a routine DUI with the normal dissipation of alcohol and that no exigent circumstances existed as in Schmerber. The United States Supreme Court affirmed the decision of the State Supreme Court and rejected the State's argument that a "per se" rule of exigency should exist if an officer has probable cause to believe that a person is driving under the influence because the essence and nature of alcohol is evanescent.

The United States Supreme Court affirmed the holding that the standard to be applied in determining exigency is a totality of the circumstances test, which is a case-by-case analysis.

For further information regarding DUI offenses in Florida, refer to our DUI Defense webpage.

No Comments

Leave a comment
Comment Information
  • Badge 1
  • Badge 2
  • Badge 3
  • Badge 4
  • Badge 5
  • Badge 6
  • Badge 7
  • Badge 8

Contact O'Brien Hatfield, PA for a free case evaluation today

In Tampa, call (813) 345-4909. In Orlando, call (888) 496-5916 . For fast answers, email us using the form below.

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

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Footer Brand

Tampa Bay Office
511 West Bay Street Suite 330
Tampa, FL 33606

Toll Free: 888-496-5916
Phone: 813-345-4909
Tampa Law Office Map

Central Florida Office
121 South Orange Avenue Suite 1500
Orlando, FL 32801

Toll Free: 888-496-5916
Phone: 407-686-1696
Orlando Law Office Map

South Florida Office
Northbridge Tower
515 North Flagler Drive
Suite P-300
West Palm Beach, FL 33401

Toll Free: 888-496-5916
Phone: 407-686-1696
South Florida Office Map

South Florida Office
Brickell Bay Office Tower
1001 Brickell Bay Drive
Suite 2700 M-1
Miami, FL 33131

Toll Free: 888-496-5916
Phone: 305-859-0046
Miami Law Office Map