Law Offices of Michael Steven Sherman, P.C.

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Police Must Have Warrant For Blood Draw In DUI Cases
June 4, 2013

On April 17, 2013, the United States Supreme Court issued a decision that will affect all Pennsylvania motorists. In McNeely v. Missouri, No. 11-1425, __U.S.__ (April 17, 2013), the Supreme Court ruled that, absent exigent circumstances, the police must obtain a search warrant before they can require a motorist to submit to a blood draw in DUI cases. What constitutes “exigent circumstances” will be decided on a case-by-case basis. McNeely changes the dynamics of handling DUI cases: you must move to suppress the blood alcohol content result in cases where the blood was drawn without the officer first obtaining a search warrant.… Read More