Court: search warrants generally required for DWI blood draws; Warrantless DWI Tests Outlawed

The United States Supreme Court ruled Wednesday that the natural dissipation of alcohol in the human bloodstream is not a sufficient justification by itself to avoid the warrant requirement to conduct a blood draw in a routine drunk driving investigation. The long awaited McNeely decision (we previously previewed the McNeely case and its potential impact on Minnesota DWI cases last month) says that circumstances may arise in individual cases that make obtaining a warrant impractical, but the natural dissipation alone is insufficient to conduct a warrantless blood draw after a driving while impaired arrest.

Minnesota courts previously have ruled that the natural dissipation of alcohol creates a single factor exigency. What that essentially means is that the courts have held that the state did not have to show any other reason to conduct a blood draw without a warrant under Minnesota’s implied consent law if probable cause existed to suspect a driver of drunk driving. The U.S. Supreme Court, however, says no so fast.

The nation’s highest court recognizes that alcohol dissipates in a relatively predictable manner, and some delay may occur as a suspect is transported to a facility where a blood sample can be taken. Generally, criminal defense lawyers know that the dissipation of alcohol varies from person to person, and may involve many different and complex factors. The high court also says that in the 47 years since the U.S. Supreme Court addressed warrantless blood draws in DWI cases in the Schmerber case in 1966, technology has made obtaining a warrant more streamlined.

Justice Sonia Sotomayor says in writing the opinion of a divided court that, “While the desire for a bright-line rule is understandable, the Fourth Amendment will not tolerate adoption of an overly broad categorical approach that would dilute the warrant requirement in a context where significant privacy interests are at stake.” The court says that law enforcement should generally be required to obtain a warrant before obtaining a blood sample in a DWI investigation, but the issue may have exceptions on a case-by-case basis.

Sources:

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.