DWI Disappearing Act

U.S. Supreme Court allows evidence to dissipate

, New Jersey Law Journal


Law enforcement lost an important DWI tool when the U.S. Supreme Court ruled that the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case to justify a warrantless blood test.

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What's being said

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    I believe the SCOTUS holding in Missouri v. McNeely is a long time coming. We defense attorney's often refer to warrantless blood draws as one of the the "DWI exceptions to the Constitution." Why, as lawyers and judges, should we be worried about the tools of the police, when our first concern should be protecting the Constitution. In today's day and age, with cellphones and other technology, there is no reason why a warrant should not be sought.

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