Missouri V. McNeely

Posted By Joey Gilbert Law || 15-Feb-2013

Missouri V. McNeely

The Supreme Court of the United States will soon rule on a case that may have a profound effect on DUI laws in the state of Nevada. Currently under Nevada law, any person who drives a vehicle on any roadway in the state, while suspected of being under the influence of intoxicating liquor or controlled substance, shall be deemed to have given his or her consent to evidentiary testing of his or her blood, urine, or breath. Under current law, a police officer is authorized to use reasonable force to the extent necessary to obtain up to 3 blood samples from a suspected intoxicated driver. The officer can do so without the person’s consent, and without first obtaining a search warrant (NRS 484C.160).

A case before the Supreme Court, Missouri v. McNeely, has the potential to invalidate this law. If the court decides in favor of McNeely, police officers will no longer be able to force suspected drunk drivers to provide blood samples, without first obtaining their consent or a search warrant from a judge. This requirement may significantly alter the way law enforcement conducts DUI investigations, and make an already complicated matter even more complicated.

If you or a loved one has been charged with DUI, you are encouraged to contact Joey Gilbert& Associates. With over 35 years of legal experience, you can rest assured that your matter will receive the diligence and attention it deserves.

Categories: Criminal Defense, DUI
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