DUI Suspicion Is Not A Reason To Draw Blood Without A Warrant

In 2010 Timothy Adkins was arrested for driving under the influence (DUI)(N.J.S.A. 39:4-50), after the vehicle he was operating struck a utility pole, injuring himself and two passengers. Adkins failed the field sobriety tests administered by police and was ultimately taken to the hospital, where the police obtained a blood sample from Adkins. Adkins blood alcohol level (BAC) was .157 percent, almost twice the legal limit of .08 percent. In Missouri v. McNeely, 569 U.S.___, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), the U.S. Supreme Court held that the natural dissipation of alcohol from the blood stream over time does not, on its own, give rise to exigent circumstances such that a warrant may be avoided when the police are seeking a blood sample. Therefore, unless the individual suspected of driving while intoxicated is involved in an accident, a warrant is required. In State v. Adkins, 433 N.J. Super. 479 (App. Div. 2013) a trial judge determined that the blood sample taken from Adkins without a warrant was inadmissible. The New Jersey Appellate Division reversed the ruling based on Schmerber v. California, 384 U.S. 757 (1966) wherein the U.S. Supreme Court ruled that drawing blood from an individual suspected of drunk driving was acceptable. In McNeely, the U.S. Supreme Court established a new standard based on the fact that, through radios, cellular phones and facsimiles, obtaining a warrant is a much simpler and expedient process for police. As a result of the ruling in McNeely, the N.J. Supreme Court, in Adkins, DUIdetermined that the results of the blood sample, withdrawn without a warrant, must be suppressed. If you are facing DUI charges, whether for alcohol or drugs, you should obtain experienced criminal defense counsel immediately. For more information about DWI, refusal to submit to chemical breath testing, controlled dangerous substances (CDS) in a motor vehicle, reckless driving, driving while suspended or other serious motor vehicle charges in NJ visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

DUI Blood Withdrawal Does Not Require Warrant

In State v. Sekhon, a single car fatal accident took place in which it was believed the defendant was driving under the influence (DUI). A passenger died when the vehicle exited the roadway and crashed. Responding officers detected an odor of alcoholic beverages on the driver, who admitted to having two drinks, but the officers had no opportunity to take breath samples as the driver was taken to the hospital by ambulance from the scene. At the hospital blood was drawn from Sundeep Sekhon without seeking a warrant and without the defendant's consent. Although the defendant's blood alcohol content (BAC) was only .062, the prosecution still intended to utilize the evidence to show defendant was drinking before the accident in the second-degree vehicular homicide case. There is a long history of cases relating to the need to preserve evidence creating exigent circumstances as balanced against the 4th Amendment right to be free from unreasonable searches and seizure. Missouri v. NcNeely _______U.S. ________, ________, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013) considered the premise that the speed with which a warrant may be obtained, exigent circumstances may no longer be presumed in DUI matters requiring a blood sample rather than breath sample. In State v. Adkins, 433 N.J. Super. 479 (App. Div. 2013), the Appellate Division held that the exclusionary rule does not require suppression of blood tests taken without a warrant in certain circumstances as long as the motor vehicle stop occurred before McNeely was decided. Adkins requires the that police have probable cause to believe that the driver was under the influence and that the police action in taking the blood samples occurred in good faith reliance on then existing law. Under the guidance of McNeely and Adkins the NJ Appellate Division held that the BAC results from Sekhon need not be suppressed. DUI charges carry serious and lasting consequences. If you are facing DUI charges, you should seek experienced defense counsel immediately to protect your rights. For more information regarding DUI, drug DUI, controlled dangerous substance (CDS) in a motor vehicle, reckless driving or other serious municipal court matters in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.