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The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent. Regarding blood tests, some commentators, such as Brown University's ...
Using the blood draw, investigators extrapolated that Simmons' blood-alcohol content at the time of the crash was 0.093% to 0.114%, according to testimony at the preliminary hearing. The legal ...
Though Arredondo was unconscious at the time his blood was drawn, the court found that the "warrantless search was justified on the consent since California's "implied consent" law states "one who drives a motor vehicle in this state is 'deemed' to consent to blood alcohol testing".
At the trial court, Mitchell made a motion to suppress the results of the hospital blood draw on the grounds that it was a warrantless search and thus unconstitutional under the Fourth Amendment. The prosecutor argued that Wisconsin's state laws constitute implied consent to blood draws once someone begins driving a vehicle. [ 2 ]
In the U.S., one alcohol-related driving death occurs every 39 minutes. (13,384 people died in 2021 from alcohol-related traffic deaths, up 14 percent from 2020.
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1937 poster warning U.S. drivers against drunk driving. Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. [1]
The officer did not seek a warrant to conduct the blood test, but asked McNeely for his consent. McNeely was warned by the officer that by refusing a chemical test, his license would be revoked for one year. McNeely continued to refuse, and at 2:35 a.m., the officer proceeded to instruct the lab technician to draw a specimen of blood from McNeely.
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