Warrantless Blood-Alcohol Tests
Expanded Police Powers During Routine DWI Arrests
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. He observed a truck exceeding the speed limit and moving erratically, so he stopped the vehicle. He noticed that the driver, Tyler G. McNeely, displayed signs of intoxication — such as bloodshot eyes, slurred speech, and the smell of alcohol on his breath. Winder asked McNeely to take a sobriety field test, on which he performed poorly. Winder requested that McNeely undergo a portable breath test, but McNeely refused. Winder then arrested McNeely for…
