DUI- Blood Taken May Be Barred

DUI Update

BLOOD TAKEN AT HOSPITAL MAY BE BARRED AS EVIDENCE IN DUI MATTERS

The United States Supreme Court said, in Missouri v. McNeely, No. 11-1425, on April 17 that as a general rule, police must obtain a search warrant or consent in order to extract blood from a driver to test for alcohol.

NJ DUI Attorney, Blood draw illegal

This has long been an issue and finally peoples personal rights are be considered.  An individual need not agree to allowing his blood be taken unless there is a court order.

Defense lawyers say they expect to file more suppression motions as a result of a recent, favorable U.S. Supreme Court ruling on drunken driving.

Previously the New Jersey Courts felt that the fact that the passage of time would cause a drop in blood-alcohol levels was deemed a sufficient exigency to justify an exception to the Fourth Amendment requirement for a Warrant.  Now New Jersey must adhere to the rights of the people.

While in the McNeelycase the drop in Alcohol levels may support an emergent circumstance in that  particular case. It does not do so as a matter of rule..

Judges must hear the evidence and decide on a case by case, based on the totality of the circumstances. This will make it a harder decision for police to make and may even subject Police and Police agencies to law suits for violations of and persons rights.

To date New Jersey courts have allowed police to require blood testing so long as it is not taken by force. This new decision of the Supreme Court will require Police to obtain a consent waiver or a Warrant.   .

Lawyers must now deal with questions raised bythis case including if the n

ew case law will be applied retro actively. Defense Attorney Britt J. Simon says that there is “no reason that the Supreme Court decision shouldn’t apply to ALL case, new and old”. 

Simon went on to say that many people convicted of DUI inNew Jersey may have the opportunity to have their case overturned and potentially get a dismissal of all the DUI charges.

Another issue raised by McNeely is the warning police will likely have to give in seeking consent to a blood test, similar to when they seek consent to search a vehicle.

The big question will be, will the New Jersey Courts make getting a Warrant an easy task?   Simon says that the idea of making the State intrude into an individual’s body for the purpose of extracting ones blood is troubling.  The idea that a Police officer can make a determination, not for the health or wellbeing of the individual, to pierce a needle through the body and into the veins of another should be guarded against.  The assault of a person by the State with the sole purpose of obtaining evidence to use against them is disturbing.

Call today to speak with a NJ DUI Attorney about your NJ DUI Arrest. 800-709-1131