The “Warrant” Requirement in a Driving Under the Influence (DUI) Case

Posted Wednesday, February 22, 2017 by Andrew Charles Huff

So when does the State need a warrant to draw and test your blood for alcohol or drugs? The case of Missouri v. McNeely (2013) is the primary reason because it required police to, at the very least attempt to secure a search warrant before taking a person’s blood for testing. The McNeely court concluded that even though alcohol concentrations in the blood dissipates over time, that factor along does not constitute an “exigent circumstance” exception to the search warrant requirement . “Exigent circumstances” can include police not being able to reach a judge or when a warrant would simply be impractical based on the situation.