Page 39 - Original 2020 Legal Guide By Jack Ryan

Task: Forced Blood Draw DUI Suspects

Missouri v. McNeely, 133 S.Ct. 1552 (2013).

• Irrespective of state implied consent laws, there is no automatic

exigency in driving while impaired cases under the 4 Amendment
th
which would allow officers in all cases to force a blood draw to

prevent the loss of evidence. i.e. dissipation of alcohol levels in

blood.

• A forced blood draw would have to be supported by articulated

exigency beyond the simple dissipation of substances in the blood

over time.

©2020 Jack Ryan Legal & Liability Risk Management Institute 38