Many drivers have often asked whether or not they should take a breathalyzer test when pulled over for an alleged DWI (Driving While Intoxicated). Missouri law permits a driver to refuse to give a breath test. Accordingly, many drivers do refuse to give a breath sample, even with the possibility of certain consequences. In the case of Missouri v. McNeely, the United States Supreme Court determined that the officer violated McNeely’s fourth amendment protection from an unnecessary search and seizure when he took McNeely to the hospital to obtain a blood draw after McNeely refused to submit a breath test. Justice Sotomayor stated that the officer must have sought a search warrant prior to the blood test. That is what the city of St. Louis has planned to do.
The city of St. Louis has implemented a new initiative called the “No Refusal Zone.” Under this new initiative, an officer would be able to automatically obtain a search warrant for a blood test every time a driver suspected of driving under the influence refuses to take a breath test. This means that should a driver refuse to submit to a breath test, the officer can obtain a search warrant from a judge on call, that would give them the authority take the driver to a hospital for a blood draw to determine the blood alcohol concentration (BAC) of the driver.
With this new initiative, it becomes more critical to have an attorney that is well versed in DWI law. The Law Offices of John M. Lynch, LLC., provides legal services for drivers that have been alleged to have driven under the influence of alcohol or drugs. The Law Offices of John M. Lynch, LLC. is the premier defense firm for DWIs, with John M. Lynch’s former training in law enforcement. Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.