Felony convictions against a man accused of killing two while driving drunk were reversed recently by an appellate court in Illinois, which ruled the DUI testing after his arrest was unconstitutional.
Although this issue takes place outside of Florida, it’s one motorists in the Sunshine State have had to grapple with as well. It was a very similar case before the U.S. Supreme Court in 2013 with Missouri v. McNeely. That was a landmark case in which the court ruled that when it comes to drunk driving investigations, the natural dissipation of alcohol in one’s blood stream is not sufficient grounds to argue exigent circumstances in every case that would justify conducting a blood test absent a warrant. In other words, there may be some cases in which a warrantless blood draw is justified, but it has to be based on more than just the fact that alcohol quickly leaves the body.
Even with that instruction, courts across the country continue to grapple with these questions, trying to balance the scales between the rights of the accused and gathering all pertinent information in these serious felony cases. Continue reading