Supreme Court Case Of McNeely

Question: Can you discuss the recent SCOTUS decision in the case of Missouri v. McNeely?

Answer: Not too long ago, the United States Supreme Court decided a case by the name of Missouri v. McNeely. That case held that the fact that alcohol levels go fairly quickly down does not mean that police do not need to get a warrant for evidential tests in drunk driving cases. This case was important because our courts in Wisconsin had previously held that no warrant was necessary in drunk driving cases, even if there was no consent to a test by an accused citizen. Our firm has been at the forefront of litigation over warrantless tests for quite a while, so we were very pleased with this decision.


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