On September 25, 2012 the Supreme Court heard arguments on a Missouri DUI case that could set a new precedent to expand law enforcement powers to gather BAC evidence from suspected drunk drivers.

The defendant, Tyler McNeely was pulled over for speeding in 2010 by a state highway patrolman in southeast Missouri and refused to take a breath test after failing field sobriety tests. The officer then took McNeely to a nearby medical laboratory, where a technician drew blood over the suspect’s objection.

There are 27 states that currently have laws barring nonconsensual blood draws in the absence of a warrant. However, according to FBI statistics 1.4 million people are arrested for driving under the influence, so in the remaining 23 states that don’t have protection from warrantless DUI searches, the ruling of this case could have huge ramifications.

The ACLU is representing McNeely. The Supreme Court last ruled on the issue of drunk driving in 1966 on a similar issue of consent and searches. Remove Intoxicated Drivers position is there is already a well-established protocol for alleged drunk drivers who refuse a breath test. This penalty is an automatic one year suspension of driving privileges in most states. However, the penalties do very from state to state and RID would support a uniformed federal system that would treat everyone the same who refuses a breath test.

If the Supreme Court rules in favor of Missouri such a decision would further complicate the role of law enforcement to seize DUI evidence.  As RID supports a federal system of laws for refusing a breath test, RID also would like the rules of gathering DUI evidence to be federalized as well. We can take a page from our recent history by revisiting the path taken to get all the states on board with the 21 drinking age. Highway funds were tied to the passage of that age
restriction. Similarly, federal highway funds to be allocated based on  the enforcement of rules for DUI breathe tests, penalties and procedures.

We shall see how the Supreme rules. A decision is expected by this Summer.

Doris Aiken, President

Remove Intoxicated Drivers