Congressional Digest

Supreme Court Debates February 2013 No. 2 Vol. 16
State of Missouri, Petitioner

Warrantless Blood-Alcohol Tests

Expanded Police Powers During Routine DWI Arrests

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State of Missouri, Petitioner

John N. Koester, Jr., Counsel of Record

On August 28, 2010, the State of Missouri changed the language of its implied consent law, which details the consequences — such as license suspension — for drivers who are stopped by police under suspicion of drunk driving and refuse to take a breath or blood-alcohol test. The Missouri Attorney General’s Office interpreted the removal of the words “none shall be given” from a passage about the refusal of blood-alcohol and breath tests to mean that police could require drunk driving suspects to submit to a blood test without first obtaining a judge-issued warrant. This new policy was put to…

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