Some new laws that effect motorists this year include the requirement for the issuance of a search warrant to obtain a DUI suspects blood in a medically acceptable manner when they refuse to provide a chemical test. This law was a reaction to the U.S. Supreme Court Decision, Missouri v. McNeely, which was issued in April 2013. This decision resulted in the requirement of a search warrant to obtain a blood test when a DUI suspect refuses to take a chemical test. A knowledgeable DUI attorney should make sure they look at new laws and cases, such as McNeely, to defend your DUI case.
Since the issuance of Missouri v. McNeely, we have personally litigated several motions seeking the suppression of blood tests obtained without adhering to the requirements of McNeely. Of course, without a chemical test, it makes it extremely difficult to prove that the driver was under the influence. Creative prosecutors can still use the old fashioned options: driving pattern, field sobriety tests, and objective signs of intoxication such as, odor of alcohol, red watery eyes, slurred speech, and poor balance.
Talk to an experienced DUI attorney to get help in your case.