Breath Test Refusal – Search Warrant Still Needed for Blood Draw

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Monday, June 3, 2013. In April the United States Supreme Court ruled that a police officer needed a search warrant to have blood drawn from a DWI suspect if the suspect refused to give a sample of his blood, usually after a breath test refusal. That was the McNeely case which seemed like a wholesale victory for everyone who cared about personal freedoms and also for those attorneys that practice drunk driving defense. However, there was language in the McNeely...