Court weighs warrantless blood tests in DUI cases

Legal Events

The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.

Related listings

  • Fla. to execute mass killer after court lifts stay

    Fla. to execute mass killer after court lifts stay

    Legal Events 10/27/2012

    A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court. The execut...

  • Supreme Court views not 'liberal or conservative'

    Supreme Court views not 'liberal or conservative'

    Legal Events 10/19/2012

    U.S. Supreme Court Chief Justice John Roberts said Wednesday that people shouldn't think the high court's justices make decisions in terms of a liberal or conservative agenda. Roberts told a crowd of nearly 4,800 people at Rice University in Houston ...

  • Ex-NFL WR Hurd pleads not guilty to new charges

    Ex-NFL WR Hurd pleads not guilty to new charges

    Legal Events 10/08/2012

    Former NFL receiver Sam Hurd pleaded not guilty Wednesday to a new indictment accusing him of trying to obtain cocaine and marijuana while he was out on bond awaiting trial on charges of trying to start a drug ring in the Chicago area. The indictment...

Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read