On the SCOTUSblog, Lyle Denniston recapped the recent U.S. Supreme Court cases addressing the issue of warrantless blood draws in driving while intoxicated (DWI) investigations. (see Missouri v. McNeeley) Although Justice Clarence Thomas believed the chemical breakdown of blood alcohol in the body was sufficient to justify never having to obtain a warrant before an officer ordered a DUI blood test, the majority of the court disagreed. The majority wrote that obtaining a warrant should be the “default protocol” in drunk-driving cases where officers decide to have a blood test conducted. The majority opinion was based on the 4th Amendment prohibition against unreasonable searches and seizures. Remember, a good Bryan|College Station DWI Lawyer can help you fight against these 4th Amendment police violations.
Many local and state governments have procedures in place to obtain search warrants for blood draws in DWI cases. This includes Bryan|College Station where judges are available 24/7 to review probable cause affidavits for officers in the midst of a drunk-driving investigation. Blood draws pursuant to a search warrant occur shortly after a person arrested for DWI is taken to the Bryan|College Station police department and refuses to submit to a chemical test under the Texas Implied Consent law.
Stephen Gustitis is a criminal defense lawyer in Bryan-College Station. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is also a husband, father, and retired amateur bicycle racer.