Tag Archives: missouri v. mcneely

Forced Blood Test in a DUI Case in Pennsylvania

The United States Supreme Court’s recent decision in Missouri v. McNeely, 133 S. Ct. 1552 (2013), fundamentally altered the manner in which law enforcement officers can take blood from a suspected drunk driver. The decision called into question the implied consent laws, such as the one that is codified in Pennsylvania at 75 Pa.C.S. § […]

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Are Pennsylvania’s Implied Consent Laws Unconstitutional?

Actual consent is the most commonly used exception to the warrant requirement in DUI blood draw cases in Pennsylvania. In these cases, the officer simply says “will you consent to a voluntary blood draw for the purpose of determining its alcohol or controlled substance concentration?” If the person agrees, then the officer can have the blood […]

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