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result of the ruling in McNeely, the N.J. Supreme Court, in Adkins, DUIdetermined that the results of the blood sample, withdrawn without a warrant, must be suppressed.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.

Blood Sample Taken From DWI Defendant Will Not Be Suppressed If Legally Withdrawn

Blood taken without a warrant in a Driving While Intoxicated (DWI) and death by auto case need not be suppressed depending on the law at the time of the accident. The defendant was involved in a single car accident in 2010 in which 2 passengers were injured when the vehicle he was driving hit a utility pole. The police detected the odor of an alcoholic beverage emanating from the defendant, Adkins, and administered field sobriety tests which he failed. Defendant was arrested and transported to the police station where he was read his Miranda rights and opted to remain silent until he had the benefit of counsel. Later that night, Defendant was transported to the hospital by police. Because alcohol remains in the body for a limited time, at the request of police and upon the signature of the defendant, police and the nurse to perform the procedure, blood was withdrawn from the defendant with his consent. At trial, in State v. Adkins, the defendant sought to suppress the blood as it was obtained without a warrant and the suppression was granted. The State appealed the matter and the NJ Appellate division considered a series of cases relating to warrantless searches and exceptions to the warrant requirement. The NJ Appellate Court was considering the issue of whether they should apply the ruling in Davis v. United States, 564 US ___ (2011), or State v. Novembrino, 105 N.J. 95 (1987), in light of federal retroactivity requirements. Under Davis the US Supreme Court held that the exclusionary rule, which protects the public from warrantless seizures, would not operate in a defendant's favor where the police were acting in good-faith reliance on existing law. Under Novembrino the NJ Supreme Court held that a good-faith exception served to deprive defendants of their rights and would not be upheld. The NJ Appellate Division made its determination with its focus toward the purpose of the exclusionary rule in protecting defendants from illegal police intrusion. In 2010, at the time the blood was drawn from the defendant, the police conduct was lawful and with consent of the defendant. They were not acting pursuant to a defective warrant and their conduct was not unreasonable or improper. The suppression of the blood samples in this case would not further the interests of justice or rectify improper behavior by police. Although Adkins' personal interests may be served by suppression, the suppression of the blood sample which was taken legally at the time of the accident would severely disrupt the criminal justice system when the multitude of defendants already sentenced sought to reopen their cases with retroactive application of the law. Driving under the influence of drugs or alcohol in New Jersey bears serious consequences including loss of driving privileges from 7 months for a first event to 10 years for a third or subsequent event, heavy fines and even jail. If you are facing DUI charges, it is critical you obtain experienced defense counsel to represent you against those charges. For more information about DUI, controlled dangerous substances (CDS) in a motor vehicle, reckless driving, driving without insurance or other serious municipal court charges in New Jersey visit HeatherDarlinglawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.