Massachusetts Legal Developments Blog

Can the Police Compel a Blood Test in a DUI Investigation?

The 4th Amendment purportedly protects individuals from unreasonable search and seizure by law enforcement and other people acting as a state actor. While a warrantless search is presumed unreasonable, there have been myriad exceptions established to this principle. Courts are continually reviewing new cases involving questions about whether a particular action constituted a “search” or whether a particular instance of law enforcement investigation falls within an established exception to the warrant requirement.

The law involving the way that drunk drivers are investigated is no exception to this rule, and the jurisprudence regarding cases involving driving under the influence (DUI) has significantly expanded as enforcement efforts have increased over the past few decades. While it is an accepted principle that people have a diminished expectation of privacy in their vehicle, there are still limitations as to what law enforcement can compel a person suspected of drunk driving to do.

Missouri v. McNeely

Recently, the United States Supreme Court was asked to determine whether a police officer could subject a DUI suspect to a forced warrantless blood draw. The case, Missouri v. McNeely, arose out of a Missouri traffic stop in which the arresting officer believed that the suspect, McNeely, was drunk.  After McNeely refused both a Breathalyzer and blood test, the officer directed hospital staff to remove blood from McNeely in order to have it tested.

The Supreme Court has traditionally held that invasions into a person’s body are among the most intrusive, and therefore the most likely to require a warrant. One of the recognized exceptions to the warrant requirement is for “exigent circumstances,” in which waiting to obtain a warrant risks the destruction of evidence. In this case, the state of Missouri argued that the dissipation of alcohol in McNeely’s body as his body metabolized it was akin to the active destruction of evidence, and therefore fell within the exigent circumstances exception. The Supreme Court ultimately disagreed, holding that while there may be circumstances in which a warrantless compelled blood draw may be justified, the mere dissipation of alcohol in a person’s blood stream was not.

“No-Refusal” Enforcement

Because this case was decided by the U.S. Supreme Court, it is binding on law enforcement in all jurisdictions, Massachusetts included. While this may seem like a victory for the privacy rights of drivers, other states have taken note of the decision and made efforts to be able to compel blood draws from drivers suspected of DUI while complying with the law. In order to achieve this, some jurisdictions have had “no-refusal weekends,” in which they set up DUI checkpoints with personnel prepared to administer on the spot blood tests and have a judge or a magistrate on call or present in order to issue warrants. It is important to remember that all a police officer has to do in order to get a warrant is establish probable cause, which in many cases may be as easy as alleged that a driver is showing certain signs of intoxication.

Contact a Massachusetts DUI/OUI Defense Attorney Today

People accused of Massachusetts OUI can potentially face serious criminal penalties, including fines, the loss of a driver’s license, probation, and even jail time. As a result, anyone facing a OUI case should retain a criminal defense attorney as soon as possible. Lawyer Edward R. Molari is committed to helping people facing a Massachusetts OUI case bring it to the best outcome possible. To schedule a free consultation, call our office today at (617) 942-1532.