There Are Defense Options After Failing A Blood Alcohol Test
If you have been charged with drunk driving based on the results of an involuntary blood draw in Tennessee, you may have a defense. There are limited circumstances when police officers can obtain a DUI blood draw without a warrant.
For more information about your rights following a DUI arrest, call The Law Office of Massey McClusky McClusky & Fuchs in Memphis as soon as possible. Our attorneys offer a free initial consultation to discuss your case.
Was The Blood Draw Legal?
The U.S. Supreme Court recently affirmed a ruling by the Missouri Supreme Court that suppressed DUI blood draw evidence in the case of Tyler G. McNeely. Officers pulled Mr. McNeely over for speeding and charged him with drunk driving after he failed a field sobriety test.
Mr. McNeely refused a Breathalyzer test. After police took him to a hospital, he also refused a blood test. The hospital performed the test anyway without obtaining a warrant, and Mr. McNeely had a blood alcohol level of .15, nearly double the legal limit.
The Missouri Supreme Court suppressed the blood draw evidence, saying the circumstances did not justify a “warrantless intrusion into the body.” The U.S. Supreme Court agreed.
In Tennessee, police can obtain blood draw evidence following an accident if the driver has prior DUI convictions and under certain other limited circumstances. Even if police had a valid reason for obtaining a blood draw, our lawyers may be successful in challenging the results based on several reasons. For example:
- Your results may have been skewed if the nurse sterilized your arm with alcohol.
- If the nurse improperly extracted and stored your blood, bacteria in the sample could affect the results.