• 13 AUG 13
    • 0

    Forced Blood Draw and DUIs

    Recently, the United States Supreme Court held that police officers cannot force a blood draw without a warrant.


    Recently, the United States Supreme Court provided another victory for defense counsel when it comes to defending DUIs. In Missouri vs. McNeely, the court held that police officers cannot force a blood draw without a warrant.

    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.


    In the opinion, the Court affirmatively held that the normal dissipation of alcohol in the blood stream is insufficient to create a per se exigent circumstance allowing police officers to forego the warrant requirement. Basically, the position asserted by the police and prosecuting agencies is that the dissipation of alcohol equated to the destruction of evidence. And therefore, this potential loss of evidence created an exigent circumstance that negated the need for a warrant.

    This does not mean in every case the police officers will be required to obtain a warrant prior to forcing a blood draw. However, the Supreme Court held that this must be determined on a case by case basis. And, that there must exist additional circumstances beyond that of a routine DUI stop to justify a police officer dispensing with the need to obtain proper warrant prior to the forced blood draw. Some of these factors my include whether a person was seriously injured or killed as a result of a DUI that resulted in an accident.

    This appears to be a clear victory for defense counsel at the moment. And it makes sense. Sticking a needle in someone’s arm by force to obtain a blood draw seems to be a clear 4th amendment violation. However, how the Nevada courts interpret and apply this case law remains to be seen.

    Leave a reply →

If you need a lawyer who has the strength, compassion and experience to get results for you and your children, contact Bellon & Maningo. Call 702-452-6299 or e-mail the firm to arrange a consultation.

Your Name (required)

Your Email (required)

Your Phone (required)

Practice Area of Interest
Civil LawCriminal Law
Family Law

Brief description of your legal issue


I understand attorney-client
relationship is not established
by use of this webform.

Bellon & Maningo, Ltd.
732 South 6th Street, Suite 102
Las Vegas, NV 89101

Phone: 702-452-6299
Fax: 702-452-6298

Map and Directions