Blood Draws And Unconscious Drivers (Part 2)

by | Aug 8, 2019 | Blog, Criminal Law, Know Your Rights, Monmouth County, Ocean County

Justice Alito continued in relevant part: BAC tests are Fourth Amendment searches. A warrant is normally required for a lawful search, but there are well-defined exceptions to this rule, including the “exigent circumstances” exception, which allows warrantless searches “to prevent the imminent destruction of evidence.” Missouri v. McNeely, 569 U. S. 141, 149.

In McNeely, this Court held that the fleeting nature of blood-alcohol evidence alone was not enough to bring BAC testing within the exigency exception. Id., at 156. But in Schmerber v. California, 384 U. S. 757, the dissipation of BAC did justify a blood test of a drunk driver whose accident gave police other pressing duties, for then the further delay caused by a warrant application would indeed have threatened the destruction of evidence. Like Schmerber, unconscious-driver cases will involve a heightened degree of urgency for several reasons. And when the driver’s stupor or unconsciousness deprives officials of a reasonable opportunity to administer a breath test using evidence-grade equipment, a blood test will be essential for achieving the goals of BAC testing.

Under the exigent circumstances exception, a warrantless search is allowed when “‘there is compelling need for official action and no time to secure a warrant.’” McNeely, 569 U. S., at 149. There is clearly a “compelling need” for a blood test of drunk driving suspects whose condition deprives officials of a reasonable opportunity to conduct a breath test. First, highway safety is a vital public interest—a “compelling” and “paramount” interest, Mackey v. Montrym, 443 U. S. 1, 17–18. Second, when it comes to promoting that interest, federal and state lawmakers have long been convinced that legal limits on a driver’s BAC make a big difference. And there is good reason to think that such laws have worked. Birchfield, 579 U. S., at ___.  Third, enforcing BAC limits obviously requires a test that is accurate enough to stand up in court.  Id., at ___.  And such testing must be prompt because it is “a biological certainty” that “alcohol dissipates from the bloodstream,” “literally disappearing by the minute.” McNeely, 569 U. S., at 169 (ROBERTS, C. J., concurring). Finally, when a breath test is unavailable to promote the interests served by legal BAC limits, “a blood draw becomes necessary.”  Id., at 170.

It is not surprise that Justice Alito sided with the prosecution in this case. He is probably the most pro-police member of the Court, especially with regard to Fourth Amendment issues. He was criticized during his confirmation process for authoring a dissent in a federal appeals court case wherein he believed that the strip search of a twelve-year-old girl was justified even though it was not authorized by the search warrant for her father’s home.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
Anthony Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great guy got me out of a lot of legal trouble highly recommended.
Frank S
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Job! Enjoy getting the updates.
Ed R
Google star 1Google star 2Google star 3Google star 4Google star 5
I highly recommend attorney Fred Sisto. As an attorney myself, I have the highest confidence in his knowledge and determination to protect and defend the rights of his clients. On top of that, his responsiveness and customer service are second to none. If you find yourself needing an attorney, trust me, YOU WANT THIS GUY IN YOUR CORNER!!
Chris O
Google star 1Google star 2Google star 3Google star 4Google star 5
I recommend good lawyer
Norman T
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I don’t drink (alcohol) much I like getting the emails of DUI checkpoints from Fred Sisto so I can avoid the inconvenience. The less contact with law enforcement the better.
Dbaby329
Google star 1Google star 2Google star 3Google star 4Google star 5
I was afraid, I got myself into a tough situation and thought there was no way out of it. Not only was I given help to lower my case but I was given the best possible outcome something I never thought was possible. Month of stress is now gone because of the help I was given. Spend the money now it could save you a ton in the future.
Ryan H
Google star 1Google star 2Google star 3Google star 4Google star 5
I follow this link on a regular basis. I pass on the locations to friends in the hope that they will realize that the police, whether right or wrong, are serious about enforcement. A DUI can be a career ending event and will cost a fortune. Think before you drink and drjve.
Stephen M
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C