Missouri v. McNeely (2013)
Missouri v. McNeely (2013): No Per Se Exigency for Warrantless Blood Draws
Alcohol dissipation alone doesn’t justify a no-warrant blood draw in Texas DWI cases.
Background
Tyler McNeely was stopped for suspected DWI. Without a warrant and over his objection, an officer ordered a hospital blood draw. The State argued that because alcohol naturally dissipates over time, every DWI case presents an exigency that excuses the warrant requirement.
Questions Presented
- Does the natural dissipation of blood-alcohol create a categorical exigency allowing warrantless blood draws?
- Must courts instead evaluate exigency case-by-case?
Majority Opinion — Justice Sonia Sotomayor
Holding: The natural metabolization of alcohol does not create a per se exigency. Whether a warrantless draw is reasonable depends on the totality of the circumstances.
The Court reaffirmed that a blood draw is a significant bodily intrusion protected by the Fourth Amendment. While dissipation is a factor, modern realities—on-call magistrates, telephonic/electronic warrants, and quick drafting—often make warrants feasible without undermining evidence. Sotomayor emphasized that officers must seek a warrant unless specific, articulable facts show obtaining one would significantly delay testing and risk destruction of evidence (e.g., crash scene chaos, medical emergencies).
For Texas, McNeely reset DWI litigation. Warrantless draws are now heavily scrutinized, and the State bears the burden to prove true exigency. Texas cases (including later decisions like State v. Villarreal) align with this framework, requiring either a valid warrant, free and voluntary consent, or case-specific exigency—not mere reliance on implied-consent statutes. In Montgomery County, successful suppression of a blood result can collapse the State’s case, especially where driving facts are thin. Defense briefing should analyze timelines, officer resources, warrant availability, and whether less intrusive alternatives existed (e.g., breath testing), and should move to exclude derivative toxicology and expert extrapolations.