DUI Blood Test Refusal in Maryland
Refusing to have your blood tested in a drunk driving stop does not permit officers to forcibly have your blood drawn as evidence in most cases. Missouri v. McNeely was a case in which the defendant’s blood was drawn without his consent for the purpose of a BAC test after he was stopped on suspicion of DUI. The case was ultimately decided by the U.S. Supreme Court, which ruled that the metabolism of blood alcohol does not qualify as a circumstance that would allow for a warrantless “search” (blood draw) under the Fourth Amendment’s exception for exigent circumstances. The Court did note that the exception may apply in some DUI cases, but not in a routine stop such as McNeely’s. If you have been stopped on suspicion of DUI or DWI, call Azari Law at 301.362.3300 for representation by an experienced DUI/DWI attorney.