On April 17, 2013, The Supreme Court of the United States decided the matter of Missouri v. Tyler G. McNeely, (no. 11-1425) holding that a blood test without a warrant is unconstitutional and the human body’s metabolization of alcohol does not, without more, present exigent circumstances which would allow for a n exception to the Fourth Amendment Guarantee against unreasonable searches and seizures. Justice Sotomayor further stated that a case by case analysis is necessary to determine exigency.
The importance of this decision on Pennsylvania Driving After Imbibing (DUI) matters is minimal. Pennsylvania has adopted an “implied consent” for blood alcohol testing when the police believe that a driver is likely intoxicated. According to section 1547 of (more…)