A Warrantless DWI Blood Test will be inadmissible.
Recently, the Missouri Supreme Court ruled that a police officer must get a warrant before ordering a blood test on a drunk-driving suspect if he or she has refused to submit to a blood test. There is, however, one exception to the warrant requirement and that is when special circumstances arise where the delay could threaten a life or destroy potential evidence. However, the mere fact that alcohol in the blood begins dissipating during the passing of time does not qualify as an exception to the warrant requirement.
In its opinion, the Supreme Court of Missouri wrote that there must be “exigent circumstances under which the time needed to obtain a warrant would endanger life, allow a suspect to escape, or risk the destruction of evidence.” As a result of the high court’s ruling, if a driver refuses to submit to a breathalyzer or blood test, the police cannot take a suspected drunk-driver to a hospital or police lab and order a blood test without a warrant. It should be noted, however, that many counties are or have already developed procedures to efficiently obtain a warrant even in the middle of the night.
If you or a loved one has been arrested for a DWI, it is important to understand your rights. At Henderson & Waterkotte, P.C., our St. Louis DWI lawyers do everything we can to protect your rights and to make sure none of your constitutional rights were violated during an arrest. If you have recently been arrested for DWI, call our office today to schedule a free consultation.