Michigan DUI Handbook
Missouri v. McNeely – Forced DUI Blood Test
In a very important decision that could pave the way for more privacy related DUI issues to be heard in appeals courts, the United States Supreme Court ruled in Missouri v. McNeely that law enforcement officials could not have a lab technician force a blood draw at the hospital without a warrant.
This could have implications in cases where an individual defendant injured in an automobile or motorcycle accident have their blood drawn for medical purposes. The court wrestled with whether or not their were significant privacy concerns since the blood draw invades a person’s skin and is much more intrusive than typical breath testing.
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