The ACLU told the U.S. Supreme Court today that warrantless blood tests of drunken driving suspects should not be allowed, especially when a search warrant could be obtained in a timely fashion.
The ACLU represents Tyler McNeely, the respondent in the case, Missouri v. McNeely. He was pulled over in Cape Girardeau, Missouri, in 2010 on suspicion of drunk driving. After refusing a field sobriety test, he was taken to a local hospital where blood was forcibly drawn to obtain a sample to test his blood-alcohol content. The arresting officer did not obtain a warrant prior to the blood draw. Two Missouri courts later ruled the blood evidence could not be used against McNeely.