People charged with DWI or DUI in Tennessee have had their rights expanded and therefore may have a new approach to their defense. In April 2013 The U.S. Supreme Court ruled that in drunk driving investigations, the natural dissipation of alcohol in one’s bloodstream does not constitute an exigency or urgency in every case sufficient to justify law enforcement conducting a blood test without a search warrant.
The bottom line of the Court’s decision in Missouri v. McNeely was that every case will be judged on its own facts, so the investigating police officer can never know whether failure to get a warrant would be cause for an entire drunk-driving case to be thrown out. The 5-4 majority said that the Constitution does not allow police to get a blood sample without ever having to get a warrant, in any case. So, this decision sets up a case-by-case approach, suggesting that getting a warrant very likely would remove any doubt.
What does this mean for Tennessee DUI defendants?
First it is important to understand that a ruling by the U.S. Supreme Court establishes minimum privacy rights guaranteed by the Fourth Amendment of the United States Constitution. Accordingly, Tennessee Courts are required to acknowledge and abide by the higher Federal Court’s decision.
Secondly, if a person suspected of a DUI in Tennessee elects not to consent to the arresting officer’s request for a blood sample, it is likely that the officer will need to obtain a search warrant in order to proceed with a blood draw over the suspect’s objection. If a blood sample is obtained without a search warrant in spite of the suspect’s objection, and without a justification of urgency based upon the facts of the case, the blood test results may be determined by the court to be inadmissible as evidence against the suspect.
The legal analysis to be applied in each DUI case can be very complicated. Whether a search warrant was obtained and whether the warrant is valid are just a few issues which should be examined in each DUI case. That is why it is important for a person charged with driving under the influence to seek the services of a competent attorney familiar with Tennessee DUI laws. Contact Donna Wagner today to schedule a consultation and discuss your case.
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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
