Forced Blood Draw for DUI in Idaho

Recently in the United States Supreme Court case, Missouri v. McNeely, the Supreme Court addressed whether a police officer could force a blood draw in a driving under the influence arrest without a warrant. In McNeely, the defendant was speeding and swerving as he was driving his car when he was pulled over by the police officer. The arresting officer administered some field sobriety tests, which the defendant failed.  The Defendant was also unsteady on his feet and having slurred speech. The defendant was arrest for DUI and he refused to submit to a breath test.

There is little doubt that under these facts that a warrant for a blood test could have been obtained readily and quickly.  Instead of securing a warrant, the police officer handcuffed McNeely and drove him to a local hospital where blood was drawn.  The defendant refused to consent  to the blood test, but the police directed the lab technician to take the sample nonetheless.  The test results indicated a blood alcohol level about twice Missouri's legal limit.

The case eventually made it to the Supreme Court to address the issue of whether the dissipation of alcohol in the blood constituted "exigent circumstances" to allow a forced blood draw without a warrant.
The Supreme Court said no.

As for Idaho, while the law here hasn't changed, Idaho must follow the rulings of the supreme court regarding these privacy rights.  Thus, is Idaho, a police officer CANNOT force a blood draw without a warrant based only on the argument that the blood alcohol level is dissipating: As long as a warrant is available, he must secure one before a forced blood draw.

Feel free to contact an Idaho Lawyer with any other questions or concerns.