Congressional Digest

Supreme Court Debates February 2013 No. 2 Vol. 16
Tyler G. McNeely, Respondent

Warrantless Blood-Alcohol Tests

Expanded Police Powers During Routine DWI Arrests

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Tyler G. McNeely, Respondent

Steven R. Shapiro, Counsel of Record

In the early morning hours of October 3, 2010, Corporal Mark Winder of the Missouri State Highway Patrol was on duty in Cape Girardeau County, Missouri, when he observed a truck exceeding the speed limit and being driven erratically. He stopped the vehicle and noticed that the driver, Tyler G. McNeely, displayed signs of intoxication. Winder asked McNeely to take a sobriety field test, which he performed poorly on. After McNeely refused undergo a portable breath test, Winder arrested McNeely for driving while intoxicated. After McNeely indicated that he would refuse a breath test at the jail, Winder took McNeely…

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