Is a Blood Test in a DWI Case an Illegal Search and Seizure?

In a North Carolina DWI case, the most important piece of evidence is often the driver’s Blood Alcohol Concentration (BAC). Police obtain a driver’s BAC by testing the suspect’s breath, blood, or urine for the presence of alcohol.

Like every other state in the nation, North Carolina has an implied consent law, which states that anyone stopped on suspicion of Driving While Impaired (DWI) must submit to chemical testing of their breath, blood, or urine.

On more than one occasion, DWI defendants have argued that the test of their breath, blood, or urine was an illegal search and seizure that violated their rights under the Fourth Amendment to the US Constitution. The US Supreme Court eventually agreed, but only as it relates to a warrantless test of a person’s blood.

How Is a Blood Test an Unreasonable Search and Seizure?

When someone is stopped on suspicion of DWI, the police will ask them to submit to a breath, blood, or urine test. When the driver refuses the test or is unable to consent, police officers may order a blood test to obtain evidence that the driver is intoxicated.

To determine whether the blood test is legal, it is necessary to understand the Fourth Amendment’s protection against illegal search and seizure.

What Does the Fourth Amendment Protect Against?

The Fourth Amendment to the US Constitution protects people against illegal search and seizure and requires that any search by a government agent be supported by probable cause.

For purposes of the Fourth Amendment, a search occurs whenever the government violates a person’s “reasonable expectation of privacy.”

To determine whether a search was lawful, the court will consider whether the criminal defendant had a “reasonable expectation of privacy” in the place or thing being searched. If the court finds the search violated the Fourth Amendment, the judge can order that evidence obtained through an illegal search be excluded from trial.

US Supreme Court Rulings on Warrantless Blood Draws

Over a series of cases, the US Supreme Court determined (1) that a blood test (but not a breath or urine test) qualifies as a search; and (2) in the absence of exigent circumstances, police officers must obtain a warrant before they can require that a suspect submit to a blood test.

The Court first took up the question of warrantless blood tests in the 1966 case of Schmerber v. California. The Court found that Fourth Amendment protections extend to “intrusions into the human body” but decided that because the potential for delay caused by obtaining a warrant could result in the dilution of alcohol from the defendant’s bloodstream, no warrant was required.

The Court did not take the matter up again until the 2013 case of Missouri v. McNeely. In that case, the Court revisited its decision in Schmerber and decided that, because technological advancements make it easier to obtain a warrant today than in 1966, a warrant was required before obtaining a suspect’s blood sample.

What Can You Do If Police Took Blood Without a Warrant?

If you were charged with DWI and were required to provide a blood sample without police first obtaining a warrant, you have a solid defense that the blood test was an illegal search and seizure. A skilled and experienced DWI defense attorney can file a motion to suppress, seeking to have evidence of the blood test results excluded from trial. If the judge agrees that the blood test was an unlawful search and seizure, the prosecutor will not be allowed to introduce the test results as evidence. This can pave the way for a significant reduction in charges or even outright dismissal of the case.

Contact The Stowe Law Firm, PLLC, for Aggressive DWI Defense

The law regarding illegal search and seizure is complex and nuanced. While it may appear that you have a clear-cut defense based on an unlawful search and seizure, successfully raising that defense often requires assistance from a skilled criminal defense attorney.

North Carolina DWI defense attorney Ryan Stowe has extensive experience defending people accused of DWI. He has received the same National Highway Transportation Safety Administration (NHTSA) training that police officers receive in both standardized field sobriety testing as well as advanced level training called Advanced Roadside Impaired Driving Enforcement (ARIDE). In many cases, he has more training in DWI detection than the officer who arrested you. To put his experience and expertise to work for you, contact the Stowe Law Firm, PLLC, today.

The Stowe Law Firm is based in Salisbury, North Carolina, and proudly represents people accused of DWI and other crimes in Rowan County, Davidson County, Cabarrus County, and Stanly County.