In 2013, New Jersey police arrested 24,313 people for drunk driving. Each arrest has its own set of specific facts. In almost every case, the police initially ask certain questions to determine whether their suspicion of drunk driving is correct. If so, the police most often move on to field sobriety tests. The next step may be to ask the motorist to blow into a breathalyzer machine. In some instances, the police may even request the motorist to consent to a blood alcohol test. 
However, just because the police ask for consent to these types of tests, especially a blood alcohol test, it does not mean that the suspect will consent. So, the question becomes whether the police need a warrant for blood alcohol testing in drunk driving cases.
Fourth Amendment Rights
Under the Fourth Amendment of the United States Constitution, individuals have the right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” This right extends to the case of blood alcohol tests. In other words, it may be considered an unlawful search and seizure for the police to insist on a blood draw – unless a warrant is issued with probable cause.
The Constitution allows the police to only order blood alcohol testing in unique situations, such as something emergent. The United States Supreme Court decided in the matter of Missouri v. McNeely, 133 S.Ct. 152 (2013) that it is not considered a “unique or emergent situation” for the police to order blood alcohol testing just because they are concerned that the blood alcohol reading of the suspect would change if they wasted time to obtain a warrant.
Warrantless Blood Test
There are times that a warrantless blood test may be justifiable. The requirement is an exigent circumstance, meaning that probable cause has been established and there is a sense of urgency. Exigent circumstances refer to exceptions to the general requirement of a warrant under the Fourth Amendment and happen when the police have a probable cause and no sufficient time to obtain a warrant.
Facing DWI Charges? Immediately Hire an Attorney!
If you are facing drunk driving charges, it is in your best interest to immediately consult with a lawyer who specifically handles drunk driving cases. If the police ordered a blood alcohol test without your consent, the DUI arrest may not be valid. The prosecution’s case may fail on the exclusion of your blood alcohol test result submitted as evidence.
An attorney who specifically deals with drunk driving cases can help you devise aggressive defenses to get the DWI charges against you either dismissed, or at least reduced. A DWI conviction can significantly impact all aspects of your life and the lives of your loved ones. Take immediate proactive measures to help protect your legal rights.
Call Us
For more information or to schedule a free consultation with drunk driving attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
