The United States Supreme Court ruled that forced blood draws are not valid based upon the fact that alcohol may dissipate over time. Missouri argued for a per se rule that all forced blood results are valid based upon the exigency of the circumstances.
Missouri unsuccessfully argued that alcohol dissipates over time, therefore this meets the exception to the search warrant requirement. Does this mean all forced blood draws are invalid ?No. The U.S.Supreme Court rules it was fact specific and should be looked at in a case by case basis.
The big question is how does this ruling effect the forced blood draws in multiple DUI cases in Tennessee. In Tennessee , the police are given a statutory right to take a accused blood sample if they have a prior DUI conviction. My opinion is that T.C.A. 55-10-406(f)2 is unconstitutional. T.C.A. 55-10-406(f)2 allows police to make a accused submit to a mandatory blood test for alcohol.Currently , I have filed a motion that has been under advisement pending the McNeely ruling.
Want to read a copy of the McNeeley opinion ? Here is the link .