Warrant requirement for Blood tests in DUI cases

Tyler McNeely was pulled over late at night after a state trooper observed him driving erratically. When McNeely refused to take a Breathalyzer test, the officer drove him to a local hospital and ordered blood drawn for an alcohol test. The officer did not seek a warrant, even though he had done so in previous cases. The state of Missouri contended that because alcohol naturally dissipates in the bloodstream, each passing moment means valuable evidence is being lost, and so a warrant is never required for a blood draw.

The Supreme Court disagreed, noting that in most circumstances there is adequate time to get a warrant. Justice Sonia Sotomayor, writing for the majority, said that in the modern world of technology, police can often obtain a warrant quickly by using their cellphones or by email, and that in most jurisdictions a magistrate is available at all hours to grant a warrant request.

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Frequently Asked Questions

These FAQs address common questions related to DUI charges in Seattle, Tacoma, Kent, and Federal Way.

What should I do after a DUI arrest in Washington?

Stay calm, avoid making statements about the incident, preserve paperwork, and speak with a DUI attorney quickly because license-related deadlines can come fast.

Can a DUI charge be reduced or dismissed?

Sometimes. Outcomes depend on the stop, field sobriety testing, chemical testing, prior history, and whether law enforcement followed proper procedure.

Will I lose my license after a DUI?

A DUI may trigger administrative and court-related license consequences. The timing and scope depend on the facts of the case and prior history.

Do breath test issues matter in a DUI case?

Yes. Testing procedure, machine maintenance, timing, and officer conduct may all be relevant in challenging the state’s evidence.