Supreme Court To Review Missouri Warrantless Blood Alcohol Test

Posted on: 11:06 pm, January 10, 2013, by

CLAYTON, MO. (KTVI) – The U.S. Supreme Court is reviewing the legality of warrantless blood alcohol tests on suspected drunk drivers.

If they were ruled legal, officers would be able to force suspected to drunk drivers to get the tests.

“It would give us more accurate information about blood alcohol levels at the time the suspect was driving,” St. Louis County Prosecuting Attorney Robert McCulloch said.

McCulloch told FOX2 that blood alcohol level decreases over time.

“A suspect may be well above the limit, but by the time we have a warrant and run the test it has lowered,” McCulloch said.

The case stems from an incident with a Missouri man.

Tyler McNeely said his rights were violated when an officer took him to a hospital for the test without a warrant.

The court may take several months to rule on the case.

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