PA has two on DUI blood tests; TN applies GFE to pre-McNeely blood draw

Hospital blood draw from an unconscious defendant at the hospital was inadmissible without a warrant or exigent circumstance. Commonwealth v. Myers, 2017 Pa. LEXIS 1689 (July 19, 2017).

“Based on the reasoning set forth in Neville and Graham, we find Appellee had no constitutional right to refuse a blood test upon his lawful arrest for DUI and thus, it was constitutionally permissible for the prosecution to introduce evidence of this refusal at his trial on DUI charges.” Commonwealth v. Bell, 2017 PA Super 236, 2017 Pa. Super. LEXIS 545 (July 19, 2017).

Davis good faith applies to a pre-McNeely blood draw. State v. Cates, 2017 Tenn. Crim. App. LEXIS 624 (July 17, 2017).

This entry was posted in Drug or alcohol testing. Bookmark the permalink.

Comments are closed.