Driving under the influence of alcohol can lead to many consequences, such as an encounter with law enforcement, an automobile accident, injury or loss of life, and suspension of driving privileges. This act impacts the life of the driver and possibly the lives of others, especially if an accident has occurred.
In accident situations, compelling and competing interests arise. At the scene law enforcement officers respond to a chaotic situation in which time proves crucial. Glass and car parts litter the road way. Emergency vehicles with flashing lights race to the injured so personnel can render aid. First responders must act effectively and efficiently because the scene must be cleared, injured persons require treatment and transportation, and officers need to collect evidence. Investigators must assess their need and ability to collect a blood sample to assess alcohol content.
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Recently, the U.S. Supreme Court in Missouri v. McNeely addressed the Constitution’s requirement that all searches must be reasonable in the context of a nonconsensual warrantless blood-draw incident to support an arrest for driving under the influence.[1] This article discusses that case and its practical impact and provides a historical overview of the authority of law enforcement officers to collect such evidence without a warrant.
Read more of this article and others at http://leb.fbi.gov/?utm_campaign=email-Immediate&utm_content=246478
