*   15 Years of Top Level DUI Experience!
*   I Teach Other Lawyers DUI Defense!
*   Well Known & Respected in the Courts!
 

 If I handle your case I can promise 2 things, I am really really good at what I do, and I will work hard for you. My best days as a lawyer happens when I can have a profound impact on a person's life. Recently, I saved the job of a commercial truck driver. I kept his family from being put out on the street. This is why I love what I do.  In fact, I train other DUI lawyers how to defend dui cases. My success is based on hard work, the desire to be the best, and MOST importantly the DETAILS of your case. If you would like a "real" dui lawyer to look at your case I am willing to give you a no-cost 1 hour consultation. More information at: http://www.duilawyersanbernardinocourt.com, http://www.duilawyerriversidecourt.com, http://www.pjsduilaw.comhttp://www.duilawyerriversidecalifornia.com

Inland Empire   909-888-7992                             Riverside 951-779-1362                             Orange County 714-953-1921

WHAT TYPE OF CASES HAVE I HANDLED?

DUI murder
DUI felony
*  DUI felony with  (child  endangerment)
*  DUI 4th time
*  DUI 3rd time
*  DUI 2nd time
*  DUI 1st time

SOME REVIEWS FROM RECENT CLIENTS



Imagine this story, I am sitting in my office and Mr. Z comes into my office to discuss his dui case. He tells me that he got this dui on a Saturday night after he was coming back from a Dodger game. Then I tell him the bad news, your a commercial driver and because of this dui you could lose your class A for 1 year. He has no idea that a dui on a Saturday night could end up destroying his truck driving career. Mr. Z tells me his wife does not work and if he loses his job they will be homeless since driving a truck is all he knows how to do. Long story short, I lose the DMV hearing  but I overturn it with a legal maneuver in court which then overturns the 1 year license suspension.  Thus, job saved! 


The Greatest Lawyer Got my Dui Car crash case Dismissed

Posted by a client
July 18, 2016


Dr. Patrick Silva is the best in this line of work. He has mastered his craft. I got in a wreck while drinking and driving and I blew .15 On the scene cops found beers and they also had an eye witness from the crash scene. I did my research and came across Dr. Silva. I set up an appointment for free consultation. Dr. Silva gave me hope and helped me calm my anxiety. After talking with Dr. Silva I was confident he can get my case dismissed. He kept me updated on my case all the time. Anytime I had a question, he was always there to provide me with an answer. Dr. Silva went on all my court hearings for me and got my case dismissed. He really worked hard and put a lot of effort on the case. People around me used to tell me "lawyers just want the money and they don't anything for you". Dr. Silva proved all the people around me wrong. Because of Dr. Silva, I got to keep my job and have a clean record. Dr. Silva actually cares for his clients. I'm glad I made a right choice picking you for my case. Dr. Silva had that most knowledge out of all the other lawyers I consulted with. I'm very happy Dr. Silva’s hard work got my dui car crash with case 1.5 reading dismissed. Thank You so much Dr. Silva for getting my case dismissed.



Another Great Result:   April 2016:  Johnny was accused of a 2nd time dui with a BAC of .14.   We filed a Motion to Suppress under Penal Code 1538.5 believing that the officer did not have probable cause to stop Johnny based on an anonymous person calling 911 and alleging Johnny was dui. RESULT:  CASE DISMISSED. 


ANOTHER RIVERSIDE WIN:  R.G.,  .10 breath dui, cased dismissed on day of trial! ( saved his license and his job)  

ANOTHER RIVERSIDE WIN: V.M. :  3rd dui with a VOP on her 2nd DUI,  case reduced to wet reckless, no jail, no community service, no weekend,  no fine! only the 9 month dui class not the 18 month

MORE SUCCESS ON A 2ND TIME DUI

April 2016:  Johnny was accused of a 2nd time dui with a BAC of .14.   We filed a Motion to Suppress under Penal Code 1538.5 believing that the officer did not have probable cause to stop Johnny based on an anonymous person calling 911 and alleging Johnny was dui. RESULT:  CASE DISMISSED. 
http://www.beatmydui.com/dui-lawyer-rancho-cucamonga.html


Kevin was charged with a 2nd time dui claiming he was under the influence of marijuana while still  on probation for his first dui. We fought the case all the way to trial and at trial readiness the DA dismissed the charges. Kevin ultimately pled to 2 traffic infractions.   This result was due to our ability to fight for our clients and Kevin's willingness and belief in his innocence.  

This is what Kevin had to say:  "Awesome lawyer, got me off the hook;  Mrsilva was fighting for my second dui which I was not going to accept eventually got my case dismissed with a infraction. 
He takes the time to explain the situation for you and will answer your calls anytime you have any questions  I used him because of his high reviews and it was worth it  I highly recommend him if you are in the Southern California area."

ANOTHER WIN!  May 2016: K.V.  was accused of DUI marijuana, accused of crashing his father's car on the freeway,  to being the driver, to recent marijuana use, accused of failing all of the FST, accused of having Clonazapan is his system, RESULT:   We took this case to trial and thru great effort we were able to convince 12 jurors that K.V. was NOT GUILTY!

Another Great Result:   April 2016:  Johnny was accused of a 2nd time dui with a BAC of .14.   We filed a Motion to Suppress under Penal Code 1538.5 believing that the officer did not have probable cause to stop Johnny based on an anonymous person calling 911 and alleging Johnny was dui. RESULT:  CASE DISMISSED. 


3rd Dui in less than ten years: Past client DANIEL N. wrote these kind words.

I was charged with a 3rd DUI in ten years, driving on a suspended license, and violation of my summary probation. With a BAC of .14 and two previous DUI's within ten years, in two different counties, attorney Silva not only won my DMV hearing, but then proceeded to reduce a 3rd DUI in ten years charge, in Riverside County, down to a misdemeanor drunk in public with no violation of probation, no jail time, and a fine of 500 dollars. Attorney Silva handled my case with the utmost professionalism and proposed an ambitious plan of attack. Attorney Silva advised that we go straight to trial and that he was confident he could beat this. Taking into account his decade plus years of experience in the field, I put my faith in Attorney Silva's judgment and expertise, and I ponied up for trial. A few weeks before the trial, the DA contacted Attorney Silva and Silva negotiated what we would plead to. If you are willing to step into the arena, Attorney Silva will champion your cause. In summation, Attorney Silva has the gumption and the expertise to secure you the best possible outcome of your case.


Just very blessed!  BY CLIENT MARK M.

I was facing a 3rd DUI charge, 180 days in jail (at least) and severe fines...after Mr Silva did his due diligence, continuous homework on the entire charges, and realized what was at hand, he made magic happen. Let me back up though, from the beginning he really wanted to know about me, what I did for a living and what the goal was for me. He asked about every aspect of my family and how we could make this better for my entire situation. The desire to truly know what was going on with me and my family made it personal and made me realize he truly wanted the best for me...not because of what I did but because he saw a greater good for what I was doing with my life.
Mr. Silva always showed on my behalf and kept me informed with everything that was going on, and made things clear...he also kept me at ease without every having to worry about a thing! I always felt he was very genuine and did exactly what he said he was...and he had my 3rd DUI charge reduced to my 1st, fines reduced and my jail time reduced by over 100 days! Ultimately, I couldn't be more happier with the outcome of my case and the overall experience with Patrick Silva. I would highly recommend Mr. Silva to anyone needing assistance with a DUI case.


Pulled a rabbit out of his hat  BY CIENT JASMINE S.

I was charged with my first DUI and was not thinking about getting an attorney. I had planned on just handling it myself but then I came across Mr. Silva who seemed very helpful. I was almost certain I would get off with a "wet and reckless", but come to find out Mr. Silva got my DUI COMPLETELY dismissed. I couldn't believe the good news I had gotten. I am so grateful for his services, if it wasn't for him I wouldn't have been able to continue my journey to becoming a Registered Nurse. Patrick John Silva pulled a rabbit out of his hat, I don't know how he did it but I am beyond grateful!!


ROMERO G:  was charged with an alleged .11 BAC after he was stopped for having no rear license plate. What made the negotiations even tougher was the fact Romero picked up a 14601 (driving on a suspended license) a few months after his dui.  We aggressively fought the charges and on day of trial we got the dui DISMISSED as well as a DISMISSAL on the 14601 and the only thing he pled guilty to was a traffic infraction for not having a license plate on his car, and this was in a Riverside County Courthouse.


CARLOS Z:  was charged with an alleged .21 dui after he was stopped for squealing his tires while doing a U-turn. We lost the DMV hearing which suspended his COMMERCIAL LICENSE for 1 year.  We filed a motion to suppress challenging the cop's reason for the stop. We were able to resolve the case by having Carlos plead to a wet/reckless BUT we had language in the plea bargain which overturned the dui suspension at the DMV.  Instead of not being able to drive his big rig for a year and losing his job, we were able to get Carlos back in his truck in less than 2 months.


CASE DISMISSED- 2nd time offender

I was facing a DUI charge and a driving on a suspended license charge. Five years previous to these charges I had also been arrested for another DUI. Being a second time offender I had my doubts that I would beat these charges. Mr. Silva was able to answer any questions I had which really helped me get through this depressive situation and my anxiety. If convicted I would have lost my job, yet the DA still was not willing to negotiate any type of deal that would prevent me from losing my job. Mr. Silva really made me confident that we would win even with my record so I decided to put my faith and trust in Patrick Silva and decided we would take my case to trial.
Mr. Silva put a great amount of time and effort studying my case as well as the evidence they had against me. The man knows what he is doing because a week before my trial began the DA called him with a deal I couldn’t believe! Both my DUI charge and my driving on a suspended license charge were dismissed! Instead I was issued a ticket for no front license plate and all other charges were dropped! I was astonished and could not believe when Silva told me the great news! He even reimbursed me the expert fees I had paid in advance in order to retain the forensic toxicologist experts in case we went through trial. Patrick Silva is a very intelligent, honest attorney that you can trust and rely on getting you out of trouble! I highly recommend Patrick Silva!!!!!


I teach other DUI Lawyers in San Bernardino how to defend their cases. Do you want the Master or the student? I need details to be successful, Call 909-888-7992 to schedule an in-office review of your case.   See my "Success Stories" at www.pjsduilaw.com 

See what others lawyers and clients say about my skills as a DUI Lawyer at AVVO.com.


 I am competitive by nature, I love to win, and I strive to do my very best on each case. See what other satisfied clients have said at www.avvo.com

Mr. Silva started representing those accused of DUI for nearly 14 years. We like to say we represent the "falsely" accused. As a DUI lawyer who focuses drunk driving defenses he knows the DUI facts and how to dispel the Drunk Driving Myths. He is a member of the CALIFORNIA DUI LAWYERS ASSOCIATION which is a close knit membership of DUI Attorneys whose main goal is the representation of those accused of DUI. Patrick J. Silva is also a member of NATIONAL COLLEGE FOR DUI DEFENSE which is compromised of the "best" dui attorneys in the nation. http://www.ranchocucamongaduilawyers.com


Hire a DUI Lawyer from the Best DUI Law Firm and get the DUI facts about the Drunk Driving Myths. Attorney Patrick J. Silva has focused his law practice defending those who have been accused of driving under the influence. We represent good folks both in the criminal court system and in the DMV proceedings. Mr. Silva is certified in Standardize Field Sobriety Tests (SFST). He has completed 24 hours of intense training under the guidelines set forth by the National Highway Traffic Safety Administration (NHTSA). It is "only" with this specialized training that allows an attorney to effectively cross examine a police officer on the stand about how he "screwed" up when he was giving you the test.


Hire a DUI lawyer from the best DUI law firm and get the dui facts about the drunk driving myths. A quick story, the other day I was in a DMV hearing and I was cross examining the officer. Some of the highlights made me almost laugh outload. The officer could not identify the 3 SFST. As you read this you probably already know that they are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and the One Leg Stand (OLS). As we went through the cross examination the officer could not identify the 3 validating clues in the HGN, he did not know how many clues were needed to believe that my client might have been over a .08. The Officer did not know the 8 clues associated with the WAT, in fact he made up other clues as he went along. I did finally start to smurk as he failed to understand the OLS or the 4 clues associated with that test. Hire a DUI lawyer from the best dui law firm and get the dui facts about the drunk driving myths. What was really funny was that 2 weeks after the officer arrested my client he went to a SFST class. This was when my cross really got interesting. As we went through his failures in giving the SFST he had to agree that he gave the SFST wrong on several, several occasions. I also have over 15 hours of training on the Datamaster DMT breath machine. I am the owner of the Alcosensor IV PAS breath machine which is the most widely used roadside breath tester in So. Cal.


We are a nationally-recognized firm lead by a highly experienced DUI lawyer. We are not former prosecutors and am proud to say we never sought to prosecute somebody just to receive a paycheck. The Law Offices of Patrick J. Silva serves clients from offices in Los Angeles, Orange County, Riverside, San Bernardino and San Diego. , We are supported by a former law enforcement officer who conducts our in-field interviews, and a former California DMV license suspension hearing officer. We specialize in representing those clients charged with misdemeanor or felony drunk driving (driving under the influence of alcohol or driving under the influence of marijuana or drugs) and the associated DMV license suspension.

Nationally-known and recognized by other dui attorneys across the United States, Mr. Silva is a Western State University College of Law School graduate and is on the Board of Directors of a multi-million dollar corporation. Mr. Silva is active in teaching other lawyers this highly specialized field of DUI defense.  Mr. Silva teaches other lawyers blood alcohol science, breath science, field sobriety test, legal motion writing, and trial defense.  His is a member of the California DUI Lawyers Association and the National College for DUI Defense.

Patrick J. Silva Professional Law Corporation 

          Highly Experienced DUI Lawyers

GET YOUR LICENSE BACK ASAP! I CAN REDUCE A 4 MONTH SUSPENSION DOWN TO 30 DAYS.
SPECIALIZING IN DUI DEFENSE. . . 15 YEARS OF DUI DEFENSE PRACTICE. . .  I AM RECOGNIZED BY OTHER LAWYERS AS A DUI DEFENSE EXPERT, IN FACT, I TEACH OTHER LAWYERS ALL ASPECTS OF A PROPER DUI DEFENSE.

MISSOURI, Petitioner
v.
Tyler G. McNEELY.

No. 11-1425.

Supreme Court of United States.Argued January 9, 2013.
Decided April 17, 2013.

1556*1556 John N. Koester, Jr., argued, for Petitioner.

Nichole A. Saharsky, for the United States as amicus curiae, by special leave of the Court, supporting the Petitioner.

Steven R. Shapiro, for Respondent.

John N. Koester, Jr., Counsel of Record, Assistant Prosecuting Attorney, Office of Prosecuting Attorney, Cape Girardeau County, MO, Angel M. Woodruff, Acting Prosecuting Attorney, Jackson, MO, for Petitioner.

Stephen Douglas Bonney, Kansas City, MO, Anthony E. Rothert, Grant R. Doty, St. Louis, MO, Steven R. Shapiro, Counsel of Record, Ezekiel R. Edwards, Brandon J. Buskey, New York, NY, Stephen C. Wilson, Wilson & Mann, L.C., Cape Girardeau, MO, for Respondent.

Justice SOTOMAYOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, and an opinion with respect to Parts II-C and III, in which Justice SCALIA,  drunk driving lawyer Justice dui lawyer  GINSBURG, and Justice KAGAN join.


In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826,  drunk driving lawyer 16 L.Ed.2d 908 (1966),this Court upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because the officer "might dui lawyer  reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the destruction of evidence." Id., at 770, 86 S.Ct. 1826 (internal quotation marks omitted). The question presented here is whether the natural metabolization of alcohol in the bloodstream presents aper se exigency that justifies an exception to the Fourth Amendment's warrant requirement for nonconsensual blood testing in all drunk-driving cases. We conclude that it does not, and we hold, consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances.  http://www.duilawyersanbernardinocourt.com 


I

While on highway patrol at approximately 2:08 a.m., a Missouri police officer stopped Tyler McNeely's truck after observing it exceed the posted speed limit and repeatedly cross the centerline. The officer noticed several signs thatMcNeely was intoxicated, including McNeely's bloodshot eyes, his slurred speech, and the smell of alcohol on his breath. McNeely acknowledged to the officer that he had consumed "a couple of beers" at a bar, App. 20, and he appeared unsteady on his feet when he exited the truck. After  dui lawyer McNeely performed poorly on a battery of 1557*1557 field-sobriety tests and declined to use a portable breath-test device to measure his  drunk driving lawyer blood alcohol concentration (BAC), the officer placed him under arrest.


The officer began to transport McNeely to the station house.  drunk driving lawyer But when McNeelyindicated that he would again refuse to provide a breath sample, the officer changed course and took McNeely to a nearby hospital  dui lawyer for blood testing. The officer did not attempt to secure a warrant. Upon arrival at the hospital, the officer asked McNeely whether he would consent to a blood test. Reading from a standard implied consent form, the officer explained to McNeely that under state law refusal to submit voluntarily to the test would lead to the immediate revocation of his driver's license for one year and could be used against him in a future prosecution. See Mo. Ann. Stat. §§ 577.020.1, 577.041 (West 2011). McNeelynonetheless refused. The officer then directed a hospital lab technician to take a blood sample, and the sample was secured at approximately 2:35 a.m. Subsequent laboratory testing measured McNeely's BAC at 0.154 percent, which was well above the legal limit of 0.08 percent. See § 577.012.1.  http://www.duilawyersanbernardinocourt.com 


McNeely was charged with driving while intoxicated (DWI), in dui lawyer  violation of § 577.010.[1] He moved to suppress the results of the blood test, arguing in relevant part that, under the circumstances, taking his blood for chemical testing without first obtaining a search warrant violated his rights under the Fourth Amendment. The trial court agreed. It concluded that the exigency exception to the warrant requirement did not apply because, apart from the fact that "[a]s in all cases involving intoxication, [McNeely's] blood alcohol was being metabolized by his liver," there were no circumstances suggesting the officer faced an emergency in which he could not practicably obtain a warrant. No. 10CG-CR01849-01 (Cir. Ct. Cape Girardeau Cty., Mo., Div. II, Mar. 3, 2011), App. to Pet. for Cert. 43a. On appeal, the Missouri Court of Appeals stated an intention to reverse but transferred the case directly to the Missouri Supreme Court. No. ED 96402 (June 21, 2011),id., at 24a.  http://www.duilawyersanbernardinocourt.com 

The Missouri Supreme Court affirmed. 358 S.W.3d 65 (2012) drunk driving lawyer  (per curiam). Recognizing that this Court's decision in Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908, "provide[d] the backdrop" to its analysis, the Missouri Supreme Court held that "Schmerber directs lower courts to engage in a totality of the circumstances analysis when determining whether exigency permits a nonconsensual, warrantless blood draw." 358 S.W.3d, at 69, 74. The court further concluded that Schmerber "requires more than the mere dui lawyer  dissipation of blood-alcohol evidence to support a warrantless blood draw in an alcohol-related case." 358 S.W.3d, at 70. According to the court, exigency depends heavily on the existence of additional "`special facts,'" such as whether an officer was delayed by the need to investigate an accident and transport an injured suspect to the hospital, as had been the case in Schmerber. 358 S.W.3d, at 70, 74. Finding that this was "unquestionably a routine DWI case" in which no factors other than the natural dissipation of blood-alcohol suggested that there was an emergency, the court held that the nonconsensual warrantless blood draw violated McNeely'sFourth Amendment right to be free from unreasonable searches of his person. Id.,at 74-75.  http://www.duilawyersanbernardinocourt.com 


1558*1558 We granted certiorari to resolve a split of authority on the question whether the natural dissipation of alcohol in the bloodstream establishes a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations.[2] See 567 U.S. ___,  drunk driving lawyer 133 S.Ct. 98, 183 L.Ed.2d 737 (2012). We now affirm.  http://www.duilawyersanbernardinocourt.com 


II

A

The Fourth Amendment provides in relevant part that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause." Our cases have held that a warrantless search of the person is reasonable only if it falls within a  dui lawyer recognized exception. See, e.g., United States v. Robinson, 414 U.S. 218, 224, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973). That principle applies to the type of search at issue in this case, which involved a compelled physical intrusion beneath McNeely's skin and into his veins to obtain a sample of his blood for use as evidence in a criminal investigation. Such an invasion of bodily integrity implicates an individual's "most personal and deep-rooted expectations of privacy." Winston v. Lee, 470 U.S. 753, 760, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985); see also Skinner v. Railway Labor Executives' Assn.,  drunk driving lawyer 489 U.S. 602, 616, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989).


We first considered the Fourth Amendment restrictions on such  dui lawyer searches inSchmerber, where, as in this case, a blood sample was drawn from a defendant suspected of driving while under the influence of alcohol. 384 U.S., at 758, 86 S.Ct. 1826. Noting that "[s]earch warrants are ordinarily required for searches of dwellings," we reasoned that "absent an emergency, no less could be required where intrusions into the human body are concerned," even when the search was conducted following a lawful arrest. Id., at 770, 86 S.Ct. 1826. We explained that the importance of requiring authorization by a "`neutral and detached magistrate'" before allowing a law enforcement officer to "invade another's body in search of evidence of guilt is indisputable and great." Ibid. (quoting Johnson v. United States, 333 U.S. 10, 13-14,  drunk driving lawyer 68 S.Ct. 367, 92 L.Ed. 436 (1948)).  http://www.duilawyersanbernardinocourt.com 


As noted, the warrant requirement is subject to exceptions. "One well-recognized exception," and the one at issue in this case, "applies when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Kentucky v. King,563 U.S. ___, ___, 131 S.Ct. 1849, 1856, 179 L.Ed.2d 865 (2011) (internal quotation marks and brackets omitted). A variety of circumstances may give rise to an exigency sufficient to justify a warrantless search, including law enforcement's need to provide emergency assistance to an occupant of a home, Michigan v. Fisher, 558 U.S.  drunk driving lawyer 45, 47-48, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam), engage in "hot pursuit" of a fleeing suspect, United States v. Santana, 427 U.S. 38, 42-43, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976), or 1559*1559 enter a burning building to put out a fire and investigate its cause, Michigan v. Tyler, 436 U.S. 499, 509-510, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978). As is relevant here, we have also recognized that in some circumstances law enforcement officers may  dui lawyer conduct a search without a warrant to prevent the imminent destruction of evidence. SeeCupp v. Murphy, 412 U.S. 291, 296, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973); Ker v. California, 374 U.S. 23, 40-41, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963) (plurality opinion). While these contexts do not necessarily involve equivalent dangers, in each a warrantless search is potentially reasonable because "there is compelling need for official action and no time to secure a warrant." Tyler, 436 U.S., at 509, 98 S.Ct. 1942.  http://www.duilawyersanbernardinocourt.com 


To determine whether a law enforcement officer faced an emergency that justified acting without a warrant, this Court looks to the totality of circumstances. SeeBrigham City v. Stuart, 547 U.S. 398, 406, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006)(finding officers' entry into a home to provide emergency assistance "plainly reasonable under the circumstances"); Illinois v. McArthur, 531 U.S. 326, 331, 121 S.Ct. 946, 148 L.Ed.2d 838 (2001) (concluding that a warrantless seizure of a person to dui lawyer  prevent him from returning to his trailer to destroy hidden contraband was reasonable "[i]n the circumstances of the case before us" due to exigency);Cupp, 412 U.S., at 296, 93 S.Ct. 2000 (holding that a limited warrantless search of a suspect's fingernails to preserve evidence that the suspect was trying to rub off was justified "[o]n the facts of this case"); see also Richards v. Wisconsin, 520 U.S. 385, 391-396, 117 S.Ct. 1416, 137 L.Ed.2d 615 (1997) (rejecting a per seexception to the knock-and-announce requirement for felony drug investigations based on presumed exigency, and requiring instead evaluation of police conduct "in a particular case"). We apply this "finely tuned approach" to Fourth Amendment reasonableness in this context because the police action at issue lacks "the traditional justification that ... a warrant ... provides." Atwater v. Lago Vista, 532 U.S. 318, 347, n. 16, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001). Absent that established justification, "the fact-specific nature of the reasonableness inquiry,"Ohio v. Robinette,  drunk driving lawyer 519 U.S. 33, 39, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996),demands that we evaluate each case of alleged exigency based "on its own facts and circumstances." Go-Bart Importing Co. v. United States, 282 U.S. 344, 357, 51 S.Ct. 153, 75 L.Ed. 374 (1931).[3]


Our decision in Schmerber applied this totality of the circumstances approach. In that case, the petitioner had suffered injuries in an automobile accident and was taken to the hospital. 384 U.S., at 758, 86 S.Ct. 1826. While he was there receiving treatment, a police officer arrested the petitioner for driving while under the influence of alcohol and ordered a blood test over his objection. Id., at 758-759, 86 S.Ct. 1826. After explaining that the warrant requirement applied generally to searches that intrude into the human body, 1560*1560 we concluded that the warrantless blood test "in the present case" was nonetheless permissible because the officer "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened `the destruction of evidence.'" Id., at 770, 86 S.Ct. 1826 (quoting Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964)).  http://www.duilawyersanbernardinocourt.com 

In support of that conclusion, we observed that evidence could have been lost because "the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from drunk driving lawyer  the system." 384 U.S., at 770, 86 S.Ct. 1826. We added that "[p]articularly in a case such as this, where time had to be taken to bring the accused to a hospital and to investigate the scene of the accident, there was no time to seek out a magistrate and secure a warrant." Id., at 770-771, 86 S.Ct. 1826. "Given  drunk driving lawyer these special facts," we found that it was appropriate for the police to act without a warrant. Id., at 771, 86 S.Ct. 1826. We further held that the blood test at issue was a reasonable way to recover the evidence because it was highly effective, "involve[d] virtually no risk, trauma, or pain," and was drunk driving lawyer  conducted in a reasonable fashion "by a physician in a hospital environment according to accepted medical practices." Ibid. And in conclusion, we noted that our judgment that there had been no Fourth Amendment violation was strictly based "on the facts of the present record." Id., at 772, 86 S.Ct. 1826. dui lawyer san  dui lawyer bernardino 


Thus, our analysis in Schmerber fits comfortably within our case law applying the exigent circumstances exception. In finding the warrantless blood test reasonable in Schmerber, we considered all of the facts and circumstances dui lawyer  of the particular case and carefully based our holding on those specific facts.
 dui lawyer san bernardino 
B

The State properly recognizes that the reasonableness of a warrantless search under the exigency exception to the warrant requirement must be evaluated based on the totality of the circumstances. Brief for  dui lawyer Petitioner 28-29. But the State nevertheless seeks a per se rule for blood testing in drunk-driving cases. The State contends that wheneve drunk driving lawyer r an officer has probable cause to believe an individual has been driving under the influence of alcohol, exigent circumstances will necessarily exist because BAC evidence is inherently evanescent. As a result, the State claims that so long as the officer has probable cause and the blood test is conducted in a reasonable manner, it is categorically reasonable for law enforcement to obtain the blood sample without a warrant. dui lawyer san bernardino  drunk driving lawyer 


It is true that as a result of the human body's natural metabolic processes, the alcohol level in a person's blood begins to dissipate once the alcohol is fully absorbed and continues to decline until the alcohol is eliminated. See Skinner, 489 U.S., at 623, 109 S.Ct. 1402; Schmerber, 384 U.S., at 770-771, 86 S.Ct. 1826. Testimony before the trial court in this case indicated that the percentage of alcohol in an individual's blood typically decreases by approximately 0.015 percent to 0.02 percent per hour once the alcohol has been fully absorbed. App. 47. More precise calculations of the rate at which alcohol dissipates depend on various individual characteristics (such drunk driving lawyer  as weight, gender, and alcohol tolerance) and the circumstances in which the alcohol was consumed. See Stripp, Forensic and Clinical Issues in Alcohol  dui lawyer Analysis, in Forensic Chemistry Handbook 437-441 (L. Kobilinsky ed.2012). Regardless of the exact elimination rate, it is sufficient for our1561*1561 purposes to note that because an individual's alcohol level gradually declines soon after he stops drinking, a significant delay in testing drunk driving lawyer  will negatively affect the probative value of the results. This fact was essential to our holding in Schmerber,as we recognized that, under the circumstances, further delay in order to secure a warrant after the time spent investigating the scene of the accident and transporting the injured suspect to the  drunk driving lawyer hospital to receive treatment would have threatened the destruction of evidence. 384 U.S., at 770-771, 86 S.Ct. 1826. dui lawyer san bernardino 


But it does not follow that we should depart from careful case-by-case assessment of exigency and adopt the categorical rule proposed by the State and its amici. In those drunk-driving investigations where police drunk driving lawyer  officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so. SeeMcDonald v. United States, 335 U.S. 451, 456, 69 S.Ct. 191, 93 L.Ed. 153 (1948)("We cannot ... excuse the absence of a search warrant without a showing by those who seek exemption from the constitutional mandate that the exigencies of the situation made [the search] imperative"). We do not doubt that some circumstances will make obtaining a warrant impractical such that the dissipation of alcohol from the  dui lawyer bloodstream will support an exigency justifying a properly conducted warrantless blood test. That, however, is a reason to decide each case on its facts, as we did in Schmerber, not to accept the "considerable overgeneralization" that a per se rule would reflect. Richards, 520 U.S., at 393, 117 S.Ct. 1416. dui lawyer san bernardino 

The context of blood testing is different in critical respects from  drunk driving lawyer other destruction-of-evidence cases in which the police are truly confronted with a "`now or never'" situation. Roaden v. Kentucky, 413 U.S. 496, 505, 93 S.Ct. 2796, 37 L.Ed.2d 757 (1973). In contrast to, for example, circumstances in which the suspect has control over easily disposable evidence, see  drunk driving lawyer Georgia v. Randolph, 547 U.S. 103, 116, n. 6, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006); Cupp, 412 U.S., at 296, 93 S.Ct. 2000,BAC evidence from a drunk-driving suspect naturally dissipates over time in a gradual and relatively predictable manner. Moreover, because a police officer must typically transport a drunk-driving suspect to a medical facility and obtain the assistance of someone with appropriate medical training before conducting a  dui lawyer blood test, some delay between the time of the arrest or accident and the time of the test is inevitable regardless of whether police officers are required to obtain a warrant. See State v. Shriner, 751 N.W.2d 538, 554 (Minn.2008) (Meyer, J., dissenting). This reality undermines the force of the State's contention, endorsed by the dissent, see post, at 1575 (opinion of THOMAS, J.), that we should recognize a categorical exception to the warrant requirement because BAC evidence "is actively being destroyed with every minute that passes." Brief for Petitioner 27. Consider, for example, a situation in which drunk driving lawyer  the warrant process will not significantly increase the delay before the blood test is conducted because an officer can take steps to secure a warrant while the suspect is being transported to a medical facility by another officer. In such a circumstance, there would be no plausible justification for an  drunk driving lawyer exception dui lawyer  to the warrant requirement. dui lawyer san bernardino 

The State's proposed per se rule also fails to account for advances in drunk driving lawyer  the 47 years since Schmerber was decided that allow for the more expeditious processing of warrant applications, particularly in contexts like drunk-driving investigations where the evidence offered to establish 1562*1562 probable cause is simple. The Federal Rules of Criminal Procedure were amended in 1977 to permit federal magistrate judges to issue a warrant based on sworn testimony communicated by telephone. See 91 Stat. 319. As amended,  drunk driving lawyer  dui lawyer the law now allows a federal magistrate judge to consider "information communicated by telephone or other reliable electronic means." Fed. Rule Crim. Proc. 4.1. States have also innovated. Well over a majority of States allow police officers or prosecutors to apply for search warrants remotely through various means, including telephonic or radio communication, electronic communication such as e-mail, and video conferencing.[4] And in addition to technology-based developments, jurisdictions have found other ways to streamline the warrant process, such as by using standard-form warrant applications for drunk-driving investigations.[5] dui lawyer san bernardino 

We by no means claim that telecommunications innovations have, will, or should eliminate all delay from the warrant-application process. Warrants inevitably take some time for police officers or prosecutors to complete and for magistrate judges to review. Telephonic and electronic warrants may still require officers to follow time-consuming formalities designed to create an adequate record, such as preparing a duplicate warrant before calling the magistrate judge. See Fed. Rule Crim. Proc. 4.1(b)(3). And improvements in communications technology do not guarantee that a magistrate judge will be available when an officer needs a warrant after making a late-night arrest. But technological developments that enable police officers to secure warrants more quickly, and do so without undermining the neutral magistrate judge's essential 1563*1563 role as a check on police discretion, are relevant to an assessment of exigency. That is particularly so in this context, where   drunk driving lawyer dui lawyer BAC evidence is lost gradually and relatively predictably.[6] dui lawyer san bernardino 

Of course, there are important countervailing concerns. While experts can work backwards from the BAC at the time the sample was taken to determine the BAC at the time of the alleged offense, longer intervals may raise dui lawyer  questions about the accuracy of the calculation. For that reason, exigent circumstances justifying a warrantless blood sample may arise in the regular course of law enforcement due to delays from the warrant application process. But adopting the State's per seapproach would improperly drunk driving lawyer  ignore the current and future technological developments in warrant procedures, and might well diminish the incentive for jurisdictions "to pursue progressive  dui lawyer approaches to warrant acquisition that preserve the protections afforded by the warrant while meeting the legitimate interests of law enforcement." State v. Rodriguez, 2007 UT 15, ¶ 46, 156 P.3d 771, 779. dui lawyer san bernardino 

In short, while the natural dissipation of alcohol in the blood may support a finding of exigency in a specific case, as it did in Schmerber, it does not do so categorically. Whether a warrantless blood test of a drunk-driving  dui lawyer suspect is reasonable must be determined case by case based on the totality of the circumstances. dui lawyer san bernardino 

C

In an opinion concurring in part and dissenting in part, THE CHIEF JUSTICE agrees that the State's proposed per se rule is overbroad because "[f]or exigent circumstances to justify a warrantless search ... there must ... be `no time to secure a warrant.'" Post, at 1572 (quoting Tyler, 436 U.S., at 509, 98 S.Ct. 1942). But THE CHIEF JUSTICE then goes on to suggest his own  drunk driving lawyer categorical rule under which a warrantless blood draw is permissible if the officer could not secure a warrant (or reasonably believed he could not  dui lawyer secure a warrant) in the time it takes to transport the suspect to a hospital or similar facility and obtain medical assistance. Post, at 1572-1574. Although we agree that delay inherent to the blood-testing process is relevant to evaluating exigency, see supra, at 1561, we decline to substitute  drunk driving lawyer THE CHIEF JUSTICE's modified per se rule for our traditional totality of the circumstances analysis.

For one thing, making exigency completely dependent on the window of time between an arrest and a blood test produces odd consequences. Under THE CHIEF JUSTICE's rule, if a police officer serendipitously stops a suspect near an emergency room, the officer may conduct a nonconsensual warrantless blood draw even if all agree that a warrant could be obtained with very little delay under the circumstances (perhaps with far less delay than an average ride to the hospital in the jurisdiction). The rule  dui lawyer  drunk driving lawyer would also distort law enforcement incentives. As with the State's per se rule, THE CHIEF JUSTICE's rule might discourage efforts to expedite the warrant process because it categorically authorizes warrantless blood draws so long as it takes more time to 1564*1564 secure a warrant than to obtain medical assistance. On the flip side, making the requirement of independent judicial oversight turn exclusively on the amount of time that elapses between an arrest and BAC testing could induce police departments and individual officers to minimize testing delay to the detriment of other values. THE CHIEF JUSTICE correctly observes that "[t]his case involves medical personnel drawing blood at a medical facility, not police officers doing so by the side of the road." Post, at 1572, n. 2. But THE CHIEF JUSTICE does not say that roadside blood draws are necessarily unreasonable, and if we accepted THE CHIEF JUSTICE's approach, they would become a more attractive option for the police.

III

The remaining arguments advanced in support of a per se exigency rule are unpersuasive. dui lawyer san bernardino 

The State and several of its amici, including the United States,  drunk driving lawyer express concern that a case-by-case approach to exigency will not provide adequate guidance to law enforcement officers deciding whether to conduct a blood test of a drunk-driving suspect without a warrant. THE CHIEF JUSTICE and the dissent also raise this concern. See post, at 1569, 1573-1574 (opinion of ROBERTS, C.J.); post, at 1576-1578 (opinion of THOMAS, J.). While the desire for a bright-line rule is understandable, the Fourth Amendment will not tolerate adoption of an overly broad categorical approach that would dilute the warrant requirement in a context where significant privacy interests are at stake. Moreover, a case-by-case approach is hardly unique within our Fourth Amendment jurisprudence. Numerous police actions are judged based on fact-intensive, totality of the circumstances analyses rather than according to categorical rules, including in situations that are more likely to require police officers to make difficult split-second judgments. See,e.g., Illinois v. Wardlow, 528 U.S. 119, 123-125, 120 S.Ct. 673,  dui lawyer 145 L.Ed.2d 570 (2000) (whether an officer has reasonable suspicion to make an investigative stop and to pat down a suspect for weapons under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)); Robinette, 519 U.S., at 39-40, 117 S.Ct. 417(whether valid consent has been given to search); Tennessee v. Garner, 471 U.S. 1, 8-9, 20, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (whether force used to effectuate a seizure, including deadly force, is reasonable). As in those contexts, we see no valid substitute for careful case-by-case evaluation of reasonableness here.[7] dui lawyer san bernardino  drunk driving lawyer  dui lawyer riverside 

Next, the State and the United States contend that the privacy interest implicated by blood draws of drunk-driving suspects is relatively minimal. That is so, they claim, both because motorists have a diminished expectation of privacy and because our cases have repeatedly indicated that blood testing is commonplace in society and typically involves "virtually no 1565*1565 risk, trauma, or pain." Schmerber,384 U.S., at 771, 86 S.Ct. 1826. See also post, at 1575,  dui lawyer and n. 1 (opinion of THOMAS, J.). dui lawyer san bernardino  drunk driving lawyer  dui lawyer riverside 

But the fact that people are "accorded less privacy in ... automobiles  drunk driving lawyer because of th[e] compelling governmental need for regulation," California v. Carney, 471 U.S. 386, 392, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985), does not diminish a motorist's privacy interest in preventing an agent of the government from piercing his skin. As to the nature of a blood test conducted in a medical setting by trained personnel, it is concededly less intrusive than other bodily invasions we have found unreasonable. See Winston, drunk driving lawyer  470 U.S., dui lawyer  at 759-766, 105 S.Ct. 1611 (surgery to remove a bullet); Rochin v. California, 342 U.S. 165, 172-174, 72 S.Ct. 205, 96 L.Ed. 183 (1952) (induced vomiting to extract narcotics capsules ingested by a suspect violated the Due Process Clause). For that reason, we have held that medically drawn blood tests are reasonable in appropriate circumstances. SeeSkinner, 489 U.S., at 618-633, 109 S.Ct. 1402 (upholding warrantless blood testing of railroad employees involved in certain train accidents under the "special needs" doctrine); Schmerber, 384 U.S., at 770-772, 86 S.Ct. 1826. dui lawyer  We have never retreated, however, from our recognition that any compelled intrusion into the human body implicates significant, constitutionally  drunk driving lawyer protected privacy interests. dui lawyer san bernardino 
 dui lawyer riverside 
Finally, the State and its amici point to the compelling governmental interest in combating drunk driving and contend that prompt BAC testing, including through blood testing, is vital to pursuit of that interest. They  dui lawyer argue that is particularly so because, in addition to laws that make it illegal to operate a motor vehicle under the influence of alcohol, all  drunk driving lawyer 50 States and the District of Columbia have enacted laws that make it per se unlawful to operate a motor vehicle with a BAC of over 0.08 percent. See National Highway Traffic Safety Admin. (NHTSA), Alcohol and Highway Safety: A Review of the State of Knowledge 167 (No. 811374, Mar. 2011) (NHTSA Review).[8] To enforce these provisions, they reasonably assert, accurate BAC evidence is critical. See also post, at 1570-1571 (opinion of ROBERTS, C.J.);post, at 1576-1577 (opinion of  dui lawyer THOMAS, J.).
 dui lawyer riverside 
"No one can seriously dispute the magnitude of the drunken driving problem or the States' interest in eradicating it." Michigan Dept. of State Police v. Sitz, 496 U.S. 444, 451, 110 S.Ct. 2481, 110 L.Ed.2d 412 (1990).  drunk driving lawyer Certainly we do not. While some progress has been made, drunk driving continues to exact a terrible toll on our society. See NHTSA, Traffic Safety Facts,  dui lawyer 2011 Data 1 (No. 811700, Dec. 2012) (reporting that 9,878 people were killed in alcohol-impaired driving crashes in 2011, an average  drunk driving lawyer of one fatality every 53 minutes). dui lawyer san bernardino  dui lawyer riverside 

But the general importance of the government's interest in this area does not justify departing from the warrant requirement without showing exigent circumstances that make securing a warrant impractical in a particular  dui lawyer case. To the extent that the State and its amici contend that applying the traditional Fourth Amendment totality-of-the-circumstances 1566*1566 analysis to determine whether an exigency justified a warrantless search will undermine the governmental interest in preventing and  drunk driving lawyer prosecuting drunk-driving offenses, we are not convinced. dui lawyer san bernardino  dui lawyer riverside 

As an initial matter, States have a broad range of legal tools to drunk driving lawyer  enforce their drunk-driving laws and to secure BAC evidence without undertaking warrantless nonconsensual blood draws. For example, all 50 States dui lawyer  have adopted implied consent laws that require motorists, as a condition of operating a motor vehicle within the State, to consent to BAC testing if they are arrested or otherwise detained on suspicion of a drunk-driving offense. See NHTSA Review 173; supra,at 1556 (describing Missouri's drunk driving lawyer  implied consent law).  dui lawyer Such laws impose significant consequences when a motorist withdraws consent; typically the motorist's driver's license is immediately suspended or revoked, and most States allow the motorist's refusal to take a BAC test to be used as evidence against him in a subsequent criminal prosecution. See NHTSA Review 173-175; see also South Dakota v. Neville, 459 U.S. 553, 554, 563-564, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983)(holding that the use of such an adverse inference does not violate the Fifth Amendment right against self-incrimination). dui lawyer san bernardino  drunk driving lawyer  dui lawyer riverside 

It is also notable that a majority of States either place significant restrictions on when police officers may obtain a blood sample despite a suspect's refusal (often limiting testing to cases involving an accident resulting in death or serious bodily injury) or prohibit nonconsensual blood tests altogether.[9] Among these States, several lift restrictions on nonconsensual blood testing if law enforcement officers first obtain a search warrant or similar court order.[10] Cf. Bullcoming v. New 1567*1567Mexico, 564 U.S. ___, ___, 131 S.Ct. 2705, 2710-2711, 180 L.Ed.2d 610 (2011)(noting that the blood test was obtained pursuant to a warrant after the petitioner refused a breath test). We are aware of no evidence indicating that restrictions on nonconsensual blood testing have compromised drunk-driving enforcement efforts in the States that have them. And in fact, field studies in States that permit nonconsensual blood testing pursuant to a warrant have suggested that, although warrants do impose administrative burdens, their use can reduce breath-test-refusal rates and improve law enforcement's ability to recover BAC evidence. dui lawyer  See NHTSA, Use of Warrants for Breath Test Refusal: Case Studies 36-38 (No. 810852, Oct. 2007). dui lawyer san bernardino  drunk driving lawyer  dui lawyer riverside 

To be sure, "States [may] choos[e] to protect privacy beyond the level that the Fourth Amendment requires." Virginia v. Moore, 553 U.S. 164, 171, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008). But wide-spread state restrictions on nonconsensual blood testing provide further support for our recognition that compelled blood draws implicate a significant privacy interest.  dui lawyer They also strongly suggest that our ruling today will not "severely hamper effective law enforcement."Garner, 471 U.S., at 19, 105 S.Ct. 1694. dui lawyer san bernardino  dui lawyer riverside 

IV

The State argued before this Court that the fact that alcohol is  drunk driving lawyer naturally metabolized by the human body creates an exigent circumstance in every case. The State did not argue that there were exigent circumstances in this particular case because a warrant could not have been obtained within a reasonable amount of time. In his testimony before the trial court, the arresting officer did not identify any other factors that would suggest he faced an emergency or unusual delay in securing a warrant. App. 40. He testified that he made no effort to obtain a search warrant before conducting the blood draw even though he was "sure" a prosecuting attorney was on call and even though  drunk driving lawyer he had no  dui lawyer reason to believe that a magistrate judge would have been unavailable. Id., at 39, 41-42. The officer also acknowledged that he had obtained search warrants before taking blood samples in the past without difficulty. Id., at 42. He explained that he elected to forgo a warrant application in this case only because he believed it was not legally necessary to obtain a warrant. Id., at 39-40. Based on this testimony, the trial court concluded that there was no exigency and specifically found that, although the arrest took place in the middle of the night, "a prosecutor was readily available to apply for a search warrant and a judge was readily available to issue a warrant." App. to Pet. for Cert. 43a.[11] dui lawyer san bernardino  dui lawyer riverside 

The Missouri Supreme Court in turn affirmed that judgment, holding first that the dissipation of alcohol did not establish a per se exigency, and second that the State could not otherwise satisfy its burden of establishing exigent  dui lawyer circumstances.1568*1568 358 S.W.3d, at 70, 74-75. In petitioning for certiorari to this Court, the State challenged only the first holding; it did not separately contend that the warrantless blood test was reasonable regardless of whether the natural dissipation of alcohol in a suspect's blood  drunk driving lawyer categorically justifies dispensing with the warrant requirement. See Pet. for Cert. i. dui lawyer riverside 

Here and in its own courts the State based its case on an insistence drunk driving lawyer  that a driver who declines to submit to testing after being arrested for driving under the influence of alcohol is always subject to a nonconsensual blood  dui lawyer test without any precondition for a warrant. That is incorrect. dui lawyer san bernardino  dui lawyer riverside 

Although the Missouri Supreme Court referred to this case drunk driving lawyer  as "unquestionably a routine DWI case," 358 S.W.3d, at 74, the fact that a particular drunk-driving stop is "routine" in the sense that it does not involve "`special facts,'" ibid., such as the need for the police to attend to a car accident, does not mean a warrant is required. Other factors present in an o drunk driving lawyer rdinary traffic stop, such as the procedures in place for obtaining a warrant or the availability of a magistrate judge, may affect whether the police can  drunk driving lawyer obtain a warrant in an expeditious way and therefore may establish an exigency that permits a warrantless search. The relevant factors in determining whether a warrantless search is reasonable, including the practical problems of obtaining a warrant within a timeframe that still preserves the opportunity to  dui lawyer obtain reliable evidence, will no doubt vary depending upon the circumstances in the case. dui lawyer san bernardino  drunk driving lawyer  dui lawyer riverside 

Because this case was argued on the broad proposition drunk driving lawyer that drunk-driving cases present a per se exigency, the arguments and the record do not provide the Court with an adequate analytic framework for a detailed discussion of all the relevant factors that can be taken into account in determining the reasonableness of acting without a warrant. It suffices to say that drunk driving lawyer  the metabolization of alcohol in the bloodstream and the ensuing loss of evidence are among the factors that must be considered in deciding whether a warrant is required. No doubt, given the large number of arrests for this offense in different jurisdictions nationwide, cases will arise when anticipated  drunk driving lawyer  dui lawyer delays in obtaining a warrant will justify a blood test without judicial authorization, for in every case the law must be concerned that evidence is being destroyed. But that inquiry ought not to be pursued here where the question is not properly before this Court. Having rejected the drunk driving lawyer  sole argument presented to us challenging the Missouri Supreme Court's decision, we affirm its judgment. dui lawyer riverside 

* * *

We hold that in drunk-driving investigations, the natural  drunk driving lawyer dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. dui lawyer san bernardino  dui lawyer riverside 

The judgment of the Missouri Supreme Court is affirmed. dui lawyer san bernardino  dui lawyer riverside 

It is so ordered.

Justice KENNEDY, concurring in part. dui lawyer san bernardino  https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html 

I join Parts I, II-A, II-B, and IV of the opinion for the Court. dui lawyer san  dui lawyer bernardino  https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html drunk driving lawyer  dui lawyer riverside 

For the reasons stated below this case does not call for the Court to  drunk driving lawyer consider dui lawyer  in detail the issue discussed in Part II-C and the separate opinion by THE CHIEF JUSTICE. https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html san bernardino  dui lawyer riverside 


As to Part III, much that is noted with respect to the statistical and survey data will be of relevance when this issue is explored in later cases. The repeated insistence in Part III that every case be determined by its own circumstances is dui lawyer  1569*1569 correct, of course, as a general proposition; yet it ought not to be interpreted to indicate this question is not susceptible of rules and guidelines that can give important, practical instruction to arresting officers, instruction that in any number of instances would allow a w drunk driving lawyer arrantless blood test in order to preserve the critical evidence. dui lawyer san bernardino  dui lawyer riverside 

States and other governmental entities which enforce the driving laws  dui lawyer can adopt rules, procedures, and protocols that meet the reasonableness requirements of the Fourth Amendment and give helpful guidance to law  dui lawyer enforcement officials. And this Court, in due course, may find it appropriate and necessary to consider a case permitting it to provide more guidance than it undertakes to give today. dui lawyer san bernardino  dui lawyer riverside 

As the opinion of the Court is correct to note, the instant case, drunk driving lawyer  by reason of the dui lawyer  way in which it was presented and decided in the state courts, does not provide a framework where it is prudent to hold any more than that always dispensing with a warrant for a blood test when a driver is arrested for being under the influence of alcohol is inconsistent with the  drunk driving lawyer Fourth Amendment. dui lawyer san bernardino  dui lawyer riverside 

Chief Justice ROBERTS, with whom Justice BREYER and J drunk driving lawyer ustice ALITO join,  dui lawyer concurring in part and dissenting in part.

A police officer reading this Court's opinion would have no idea — no idea — what the Fourth Amendment requires of him, once he decides to obtain a blood sample from a drunk driving suspect who has refused drunk driving lawyer  a breathalyzer test.  dui lawyer I have no quarrel with the Court's "totality of the circumstances" approach as a general matter; that is what our cases require. But the circumstances in drunk driving cases are often typical, and the Court should be able to offer guidance on how police should handle cases like the one before us.
 dui lawyer san bernardino 
In my view, the proper rule is straightforward. Our cases  drunk driving lawyer establish that there is an exigent circumstances exception to the warrant requirement. That exception applies when there is a compelling need to prevent the imminent destruction of important evidence, and there is no time to obtain a warrant. The natural dissipation of alcohol in the bloodstream constitutes not dui lawyer  only the imminent but ongoing destruction of critical evidence. That would qualify as an exigent circumstance, except that there may be time to secure a warrant before blood can be drawn. If there is, an officer must seek a warrant. If an officer could reasonably conclude that there drunk driving lawyer  is not, the exigent circumstances exception applies by its terms, and the blood may be drawn without a warrant. dui lawyer san bernardino  dui lawyer riverside 
 dui lawyer riverside 
I

The Fourth Amendment provides: dui lawyer san bernardino  dui lawyer riverside 

"The right of the people to be secure in their persons, houses,   drunk driving lawyer dui lawyer papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." dui lawyer san bernardino  dui lawyer riverside 

That language does not state that warrants are required prior dui lawyer  to searches, but this Court has long held that warrants must generally be obtained. See Kentucky v. King, 563 U.S. ___, ___, 131 S.Ct. 1849, 1856, 179 L.Ed.2d 865 (2011). We have also held that bodily intrusions like blood draws constitute searches and are subject to the warrant requirement. See Schmerber v. California, 384 U.S. 757, 767, 770, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). dui lawyer san bernardino  dui lawyer riverside 

However, "the ultimate touchstone of the Fourth  dui lawyer Amendment is `reasonableness,'"1570*1570 Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006), and thus "the warrant requirement is subject to certain reasonable exceptions," King, 563 U.S., at ___, 131 S.Ct., at 1856. One of those exceptions is known as the "exigent circumstances exception," which "applies when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Ibid.(internal quotation marks and alterations omitted). dui lawyer san bernardino  dui lawyer riverside 

Within the exigent circumstances exception, we have identified several sets of exigent circumstances excusing the need for a warrant. For example, there is an emergency aid exception to the warrant requirement. In Brigham  dui lawyer City, supra, at 403, 126 S.Ct. 1943, we held that "law enforcement officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury." There is also a fire exception to the warrant requirement. In Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978), we held that "[a] burning building clearly presents an exigency of sufficient proportions to render a warrantless entry dui lawyer  `reasonable.'" And there is a hot pursuit exception to the warrant requirement as well. In United States v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976), and Warden, Md. Penitentiary v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967), we recognized "the right of police, who had probable cause to believe that an armed robber had entered a house a few minutes before, to make a warrantless entry to arrest the robber and to search for weapons." Santana, supra, at 42, 96 S.Ct. 2406. In each of these cases, the requirement that we base our decision on the dui lawyer  "totality of the circumstances" has not prevented us from spelling out a general rule for the police to follow. dui lawyer san bernardino  dui lawyer riverside 

The exigency exception most on point here is the one for imminent destruction of evidence. We have affirmed on several occasions that "law enforcement officers may make a warrantless entry onto private property ... to drunk driving lawyer  prevent the imminent destruction of evidence." Brigham City, supra, at 403, 126 S.Ct. 1943 (citing Ker v. California, 374 U.S. 23, 40, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963) (plurality opinion)); see also, e.g., King, supra, at ___, 131 S.Ct., at 1856-1857. For example, in Ker, the police had reason to believe that the defendant was in possession of marijuana and was expecting police pursuit. We upheld the officers' warrantless entry into the defendant's home, with the plurality explaining that the drugs "could be quickly and easily destroyed" or "distributed or hidden before a warrant could be obtained at  drunk driving lawyer that time of night." 374 U.S., at 40, 42, 83 S.Ct. 1623. dui lawyer san bernardino  dui lawyer riverside 

As an overarching principle, we have held that if there is a "compelling need for official action and no time to secure a warrant," the warrant requirement may be excused. Tyler, supra, at 509, 98 S.Ct. 1942. The question here is whether and how this principle applies in the typical case of a police officer stopping a driver on suspicion of drunk driving. dui lawyer san bernardino  drunk driving lawyer  drunk driving lawyer 

II

A dui lawyer riverside 

The reasonable belief that critical evidence is being destroyed gives drunk driving lawyer  rise to a compelling need for blood draws in cases like this one. Here, in fact, there is not simply a belief that any alcohol in the bloodstream will be destroyed; it is a biological certainty. Alcohol dissipates from the bloodstream at a rate of 0.01 percent to 0.025 percent per hour. Stripp, Forensic 1571*1571  drunk driving lawyer  dui lawyer and Clinical Issues in Alcohol Analysis, in Forensic Chemistry Handbook 440 (L. Kobilinsky ed.2012). Evidence is literally disappearing by the minute. That certainty makes this case an even stronger one than usual for application of the exigent circumstances exception. dui lawyer san bernardino 
 dui lawyer riverside 
And that evidence is important. A serious and deadly crime is at issue. According to the Department of Transportation, in 2011, one person died every 53 minutes due to drinking and driving. National Highway Traffic Safety Admin. (NHTSA), Traffic Safety Facts, 2011 Data 1 (No. 811700, Dec. 2012). No surprise then that drinking and driving is punished severely,  drunk driving lawyer including dui lawyer with jail time. See generally Dept. of Justice, Bureau of Justice Statistics, L. Maruschak, Special Report, DWI Offenders under Correctional Supervision (1999). McNeely, for instance, faces up to four years in prison. See App. 22-23 (citing Mo. Ann. Stat. §§ 558.011, 577.010, 577.023 (West 2011)). dui lawyer san bernardino  dui lawyer riverside 

Evidence of a driver's blood alcohol concentration (BAC) is crucial to obtain convictions for such crimes. All 50 States and the District of Columbia have laws providing that it is per se illegal to drive with a BAC of 0.08 percent or higher. Most States also have laws establishing additional penalties for drivers who drive with a "high BAC," often defined as 0.15 percent or above. NHTSA, Digest of Impaired Driving and Selected Beverage Control Laws, pp. vii, x-xviii (No. 811673, Oct. 2012). BAC evidence clearly matters. And when drivers dui lawyer  refuse breathalyzers, asMcNeely did here, a blood draw becomes necessary to obtain that evidence. dui lawyer san bernardino  dui lawyer riverside 

The need to prevent the imminent destruction of BAC evidence is no less compelling because the incriminating alcohol dissipates over a limited period of time, rather than all at once. As noted, the concentration of alcohol can make a difference not only between guilt and innocence, but between different crimes and different degrees of punishment. The officer is unlikely to know  dui lawyer precisely when the suspect consumed alcohol or how much; all he knows is that critical evidence is being steadily lost. Fire can spread gradually, but that does not lessen the need and right of the officers to respond immediately. See Tyler, supra. dui lawyer san bernardin dui lawyer riverside 

McNeely contends that there is no compelling need for a warrantless blood draw, because if there is some alcohol left in the blood by the time a warrant is obtained, the State can use math and science to work backwards and identify a defendant's BAC at the time he was driving. See Brief for Respondent 44-46. But that's not good enough. We have indicated that exigent circumstances justify drunk driving lawyer  warrantless entry when drugs are about to be flushed down the toilet. See, e.g., King, 563 U.S., at ___-___, 131 S.Ct., at 1857-1858. We dui lawyer  have not said that, because there could well be drug paraphernalia elsewhere in the home, or because a defendant's co-conspirator might testify to the amount of drugs involved, the drugs themselves are not crucial and there is no compelling need for warrantless  drunk driving lawyer entry. dui lawyer san bernardino 
 dui lawyer riverside 
The same approach should govern here. There is a compelling need to search because alcohol — the nearly conclusive evidence of a serious crime — is dissipating from the bloodstream. The need  drunk driving lawyer is no less compelling dui lawyer  because the police might be able to acquire second-best evidence some other way.[1] dui lawyer riverside 

1572*1572 B dui lawyer san bernardino  dui lawyer riverside 

For exigent circumstances to justify a warrantless search, however, there must also be "no time to secure a warrant." Tyler, 436 U.S., at 509, 98 S.Ct. 1942; seeSchmerber, 384 U.S., at 771, 86 S.Ct. 1826 (warrantless  dui lawyer  dui lawyer search legal when "there was no time to seek out a magistrate and secure a warrant"). In this respect, obtaining  drunk driving lawyer a blood sample from a suspected drunk driver differs from other exigent circumstances cases. dui lawyer san bernardino  dui lawyer riverside 

Importantly, there is typically delay between the moment a drunk driver is stopped and the time his blood can be drawn. Drunk drivers often end up in an emergency room, but they are not usually pulled over in front  drunk driving lawyer of one. In most exigent circumstances situations, police are just outside the door to a home. Inside, evidence is about to be destroyed, a person is about to be dui lawyer  injured, or a fire has broken out. Police can enter promptly and must do so to respond effectively to the emergency. But when police pull a person over on suspicion of drinking and driving, they cannot test his blood right away.[2] There is a time-consuming obstacle to their search, in the form of a trip to the hospital and perhaps a wait to see a medical professional. In this case, for example, approximately 25 minutes elapsed between the drunk driving lawyer  drunk driving lawyer  time the police stopped McNeely and the time his blood was drawn. App. 36, 38. dui lawyer san bernardino 
 dui lawyer riverside 
As noted, the fact that alcohol dissipates gradually from the bloodstream does not diminish the compelling need for a search — critical evidence is still disappearing. But the fact that the dissipation persists for  drunk driving lawyer some dui lawyer  time means that the police — although they may not be able to do anything about it right away — may still be able to respond to the ongoing destruction of evidence later on. dui lawyer san bernardino  dui lawyer riverside 

There might, therefore, be time to obtain a warrant in many cases. As the Court explains, police can often request warrants rather quickly these days. At least 30 States provide for electronic warrant applications. See ante, at 1561-1563, and n. 4. In many States, a police officer can call a judge, convey the necessary information, and be authorized to affix the drunk driving lawyer  judge's signature to a warrant. See, e.g.,Ala. Rule Crim. Proc. 3.8(b) (2012-2013); Alaska Stat. § 12.35.015 (2012); Idaho Code §§ 19-4404, 19-4406 (Lexis 2004); Minn. Rules Crim. Proc. 36.01-36.08 (2010 and Supp.2013); Mont. Code Ann. § 46-5-222 (2012); see generally NHTSA, Use of Warrants for Breath dui lawyer  Test Refusal: Case Studies 6-32 (No. 1573*1573810852, Oct. 2007) (overview of procedures in Arizona, Michigan, Oregon, and Utah). Utah has an e-warrant procedure where a police officer enters information into a system, the system notifies a prosecutor, and upon approval the officer forwards the information to a magistrate, who can electronically return a warrant to the officer. Utah, e-Warrants: Cross Boundary Collaboration 1 (2008). Judges have been known to issue warrants in as little as five minutes. Bergreen, Faster Warrant System Hailed, Salt Lake Tribune, Dec. 26, 2008, p. B1, col. 1. And in one county in Kansas, police officers can e-mail warrant requests to judges' iPads; judges have signed such warrants and e-mailed them back to officers in less than 15 minutes. Benefiel, DUI Search Warrants: Prosecuting DUI Refusals, 9 Kansas Prosecutor 17, 18 (Spring 2012). The police are presumably familiar with the mechanics and time involved in the warrant process in their particular jurisdiction. dui lawyer san bernardino  dui lawyer riverside 

III

A

In a case such as this, applying the exigent circumstances exception to the general warrant requirement of the Fourth Amendment seems straightforward: If there is time to secure a warrant before blood can be drawn, the police must seek one. If an officer could reasonably conclude that there is not sufficient time to seek and receive a warrant, or he applies for one but does not receive a response before blood can be drawn, a warrantless blood draw may ensue. See Tyler, supra, at 509, 98 S.Ct. 1942; see also dui lawyer  Illinois v. Rodriguez, 497 U.S. 177, 185-186, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990) ("in order to satisfy the `reasonableness' requirement of the Fourth Amendment, what is generally demanded of the many factual determinations that must regularly be made by ... police officer[s] conducting a  drunk driving lawyer  drunk driving lawyer search or seizure under one of the exceptions to the warrant requirement ... is not that they always be correct, but that they always be reasonable"); Terry v. drunk driving lawyer  Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)("police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure"). dui lawyer san bernardino  dui lawyer riverside 

Requiring police to apply for a warrant if practicable increases the likelihood that a neutral, detached judicial officer will review the case, helping to ensure that there is probable cause for any search and that any search drunk driving lawyer  is reasonable. We have already held that forced blood draws can be constitutional — that such searches can be reasonable — but that does not change the fact that they are significant bodily intrusions. See Schmerber, 384 U.S., at 770, 86 S.Ct. 1826 (upholding a warrantless forced blood draw but noting the "importance of informed, detached and deliberate determinations of the issue whether or not to invade another's body in search of evidence of guilt" as "indisputable and great"). Requiring a warrant whenever practicable helps ensure that when blood draws occur, they are indeed justified. dui lawyer san bernardino 
 dui lawyer riverside 
At the same time, permitting the police to act without a warrant to prevent the imminent destruction of evidence is well established in Fourth Amendment law. There is no reason to preclude application of that  dui lawyer  dui lawyer exception in drunk driving cases simply because it may take the police some time to be able to respond to the undoubted destruction of evidence, drunk driving lawyer  or because the destruction occurs continuously over an uncertain period. dui lawyer san bernardino  dui lawyer riverside 

And that is so even in situations where police have requested a warrant but do not receive a timely response. An officer who reasonably concluded there was no time to secure a warrant may have blood  dui lawyer drawn  drunk driving lawyer 1574*1574 from a suspect upon arrival at a medical facility. There is no reason an officer should be in a worse position, simply because he sought a warrant prior to his arrival at the hospital. dui lawyer san bernardino  dui lawyer riverside 

B dui lawyer san bernardino  dui lawyer riverside 
 dui lawyer riverside 
The Court resists the foregoing, contending that the question presented  drunk driving lawyer somehow inhibits such a focused analysis in this case. See ante, at 1567-1568. It does not. The question presented is whether a warrantless blood draw is permissible under the Fourth Amendment "based upon the natural dissipation of alcohol in the bloodstream." Pet. for Cert. i. The majority answers "It depends," and so do I. The difference is that the majority offers no additional guidance, merely instructing courts and police officers to consider the totality  drunk driving lawyer of the circumstances. I believe more meaningful guidance can be provided about how to handle the typical cases, and nothing about the question presented prohibits affording that guidance. dui lawyer san bernardino 

A plurality of the Court also expresses concern that my approach will discourage state and local efforts to expedite the warrant application process. See ante, at 1563. That is not plausible: Police and prosecutors need warrants drunk driving lawyer  in a wide variety of situations, and often need them quickly. They certainly would not prefer a slower process, just because that might obviate the need to ask for a warrant in the occasional drunk driving case in which a blood draw is necessary. The plurality's suggestion also overlooks the interest of law enforcement in the protection a warrant provides. duilawyer san bernardino  dui lawyer riverside 

The Court is correct when it says that every case must be considered on its  drunk driving lawyer particular facts. But the pertinent facts in drunk driving cases are often the same, and the police should know how to act in recurring factual situations. Simply put, when a drunk driving suspect fails field sobriety tests and refuses a breathalyzer, whether a warrant is required for a blood draw should  drunk driving lawyer come down to whether there is time to secure one. dui lawyer riverside 
 dui lawyer san bernardino 
Schmerber itself provides support for such an analysis. The dui lawyer  Court there made much of the fact that "there was no time to seek out a magistrate and secure a warrant." 384 U.S., at 771, 86 S.Ct. 1826. It did so in an era when cell phones and e-mail were unknown. It follows quite naturally that if cell phones and e-mail mean that there is time to contact a magistrate and secure a warrant, that must be done. At the same time, there is no need to jettison the well-established exception for the imminent destruction of drunk driving lawyer  evidence, when the officers are in a position to do something about it. dui lawyer san bernardino  dui lawyer riverside 

* * *

Because the Missouri courts did not apply the rule I describe above, and because this Court should not do so in the first instance, I would vacate and remand for further proceedings in the Missouri courts. dui lawyer san bernardino drunk driving lawyer  

Justice THOMAS, dissenting.https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html 

This case requires the Court to decide whether the Fourth Amendment prohibits an officer from obtaining a blood sample without a warrant when there is probable cause to believe that a suspect has been driving dui lawyer  under the influence of alcohol. Because the body's natural metabolization of alcohol inevitably destroys evidence of the crime, it constitutes an exigent  drunk driving lawyer circumstance. As a result, I would hold that a warrantless blood draw does not violate the Fourth Amendment. dui lawyer san bernardino  dui lawyer riverside 

I

A

The Fourth Amendment states that "[t]he right of the people to be secure in 1575*1575their persons ... against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable  dui lawyer cause." Before a search occurs, "a warrant must generally be secured," Kentucky v. King, 563 U.S. ___, ___, 131 S.Ct. 1849, 1856,  drunk driving lawyer 179 L.Ed.2d 865 (2011), but "this presumption may be overcome in some circumstances because `[t]he ultimate touchstone of the Fourth Amendment is "reasonableness."'" Ibid. (quoting Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006); alteration in original). dui lawyer san bernardino  dui lawyer riverside 

The presence of "exigent circumstances" is one such exception to the warrant requirement. Exigency applies when "`the needs of law enforcement [are] so compelling that [a] warrantless search is objectively reasonable dui lawyer  under the Fourth Amendment.'" 563 U.S., at ___, 131 S.Ct., at 1856 (quoting Mincey v. Arizona, 437 U.S. 385, 394, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978); second alteration in original). Thus, when exigent circumstances are present, officers may take actions that would typically require a warrant, such as entering a home in hot pursuit of a fleeing suspect. 563 U.S., at ___, 131 S.Ct., at 1856-1857. As relevant in this case, officers may also conduct a warrantless search when they have probable cause to believe that failure to act would result in "`imminent destruction of drunk driving lawyer  evidence.'" Ibid. (quoting Brigham City, supra, at 403, 126 S.Ct. 1943). dui lawyer san bernardino  dui lawyer riverside 

B

Once police arrest a suspect for drunk driving, each passing minute eliminates probative evidence of the crime. The human liver eliminates alcohol from the bloodstream at a rate of approximately 0.015 percent to 0.020 percent per hour,ante, at 1560, with some heavy drinkers as high as 0.022 percent per hour, Brief for Petitioner 21 (citing medical studies), depending on, among other things, a person's sex, weight, body type, and drinking history. Ante, at 1560-1561; Brief for United States as Amicus Curiae 23. The Court drunk driving lawyer  dui lawyer  has acknowledged this fact sinceSchmerber v. California, 384 U.S. 757, 770, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966)("We are told that the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from the system"). In that case, the Court recognized that destruction of evidence is inherent in drunk-driving cases and held that an officer investigating a drunk-driving crime "might reasonably  drunk driving lawyer [believe] that he [is] confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threaten[s] `the destruction of evidence.'" Ibid. (quoting Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964)). The Court explained that drawing a person's blood is "a highly effective means of determining the degree to which [he] is under the influence of alcohol" and is a reasonable procedure because blood tests are "commonplace" and "involv[e] virtually no risk, trauma, or pain."[1] 384 U.S., at 771, 86 S.Ct. 1826. The Court, therefore, held that dissipation of alcohol in dui lawyer  the blood constitutes an exigency that allows a blood draw without a warrant. dui lawyer riverside 

The rapid destruction of evidence acknowledged by the parties, the majority, andSchmerber's exigency determination 1576*1576 occurs in every situation where police have probable cause to arrest a drunk driver. In turn, that destruction of evidence implicates the exigent-circumstances doctrine. See Cupp v. Murphy, 412 U.S. 291, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973). drunk driving lawyer  In dui lawyer  Cupp, officers questioning a murder suspect observed a spot on the suspect's finger that they believed might be dried blood. Id., at 292, 93 S.Ct. 2000. After the suspect began making obvious efforts to remove the spots from his hands, the officers took samples without obtaining either his consent or a warrant. Id., at 296, 93 S.Ct. 2000. Following a Fourth Amendment challenge to this search, the Court held that the "ready destructibility of the  drunk driving lawyer evidence" and the suspect's observed efforts to destroy it "justified the police in subjecting him to the very limited search necessary to preserve the highly evanescent evidence they found under his fingernails." Ibid. dui lawyer san bernardino 

In this case, a similar exigency is present. Just as the suspect's  dui lawyer efforts to destroy "highly evanescent evidence" gave rise to the exigency in Cupp, the natural metabolization of blood alcohol concentration (BAC) creates an exigency once police have probable cause to believe the driver is drunk. It naturally follows that police may conduct a search in these circumstances. dui lawyer san bernardino  dui lawyer riverside 

A hypothetical involving classic exigent circumstances further illustrates the point. Officers are watching a warehouse and observe a worker carrying bundles from the warehouse to a large bonfire and throwing them into  drunk driving lawyer the blaze. The officers have probable cause to believe the bundles contain marijuana. Because there is only one person carrying the bundles, the officers believe it will take hours to completely destroy the drugs. During that time the officers likely could obtain a warrant. But it is clear that the officers need not sit idly by and watch the destruction of evidence while they wait for a warrant. The fact that it will take time for the evidence to be destroyed and that some evidence may remain by the time the officers secure a warrant are not relevant to the exigency. However, the ever-diminishing quantity of  drunk driving lawyer drugs may have an impact on the severity of the crime and the length of the sentence. See, e.g., 21 U.S.C. § 841(b)(1)(D) (lower penalties for less than dui lawyer  50 kilograms of marijuana); United States Sentencing Commission, Guidelines Manual § 2D1.1(c) (Nov.2012) (drug quantity table tying base offense level to drug amounts). Conducting a warrantless search of the warehouse in this situation would be entirely reasonable. dui lawyer san bernardino  dui lawyer riverside 

The same obtains in the drunk-driving context. Just because it will take time for the evidence to be completely destroyed does not mean there is no exigency. Congress has conditioned federal highway grants on states' adoption of laws penalizing the operation of a motor vehicle "with a blood alcohol concentration of 0.08 percent or greater." 23 U.S.C. § 163(a). See also 23 C.F.R. § 1225.1 (2012). All 50 States have acceded to this condition. National Highway Traffic Safety Admin. (NHTSA), Alcohol and Highway dui lawyer   drunk driving lawyer Safety: A Review of the State of Knowledge 167 (No. 811374, Mar. 2011) (NHTSA State Review); Mo. Ann. Stat. § 577.012(1)-(2) (West 2011) (establishing Missouri's 0.08 percent BAC standard). Moreover, as of 2005, 32 States and the District of Columbia imposed additional penalties for BAC levels of 0.15 percent or higher. NHTSA State Review 175. Missouri is one such State. See, e.g., Mo. Stat. Ann. §§ 577.010(3)-(4), 577.012(4)-(5)  drunk driving lawyer (suspended sentence unavailable even for first offenders with BAC above 0.15 percent unless they complete drug treatment; mandatory jail time if treatment is not completed). As a result, the level of intoxication 1577*1577 directly bears on enforcement of these laws. Nothing in the Fourth Amendment requires officers to allow evidence essential to enforcement of drunk-driving laws to be destroyed while they wait for a warrant to issue. dui lawyerhttps://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html 

II

In today's decision, the Court elides the certainty of evidence destruction in drunk-driving cases and focuses primarily on the time necessary for destruction. In doing so, it turns the exigency inquiry into a question  dui lawyer about the amount of evidentiary destruction police must permit before they may act without a warrant. That inquiry is inconsistent with the actual drunk driving lawyer  exigency at issue: the uncontested destruction of evidence due to metabolization of alcohol. See Part I, supra. Moreover, the Court's facts-and-circumstances analysis will be difficult to administer, a particularly important concern in the Fourth Amendment context. dui lawyer san bernardino  dui lawyer riverside 

The Court's judgment reflects nothing more than a vague notion that everything will come out right most of the time so long as the delay is not too lengthy. Ante, at 1562 (justifying delays in part because dui lawyer   drunk driving lawyer "BAC evidence is lost gradually and relatively predictably"); ante, at 1561 (same, quoting Brief for Petitioner 27). But hard percentage lines have meaningful legal consequences in the drunk-driving context. The fact that police will be able to retrieve some evidence before it is all destroyed is simply not relevant to the exigency inquiry. dui lawyer sanbernardino  dui lawyer riverside 

The majority believes that, absent special facts and circumstances, some destruction of evidence is acceptable. See ante, at 1561 ("sufficient for our purposes to note that ... significant delay in testing will negatively affect the probative value" (emphasis added)). This belief must rest on the assumption that whatever evidence remains once a warrant is  dui lawyer obtained  drunk driving lawyer will be sufficient to prosecute the suspect. But that assumption is clearly wrong. Suspects' initial levels of intoxication and the time necessary to obtain warranted blood draws will vary widely from case to case. Even a slight delay may significantly affect probative value in borderline cases of suspects who are moderately intoxicated or suspects whose BAC is near a statutory threshold that triggers a more serious offense. Seesupra, at 1576-1577 drunk driving lawyer  (discussing laws penalizing heightened BAC levels). Similarly, the time to obtain a warrant can be expected to vary, and there is no reason to believe it will do so in a predictable fashion. duilawyer san bernardino  dui lawyer riverside 

Further, the Court nowhere explains how an officer in the field is to apply the facts-and-circumstances test it adopts. First, officers do not have the facts needed to assess how much time can pass before too  dui lawyer drunk driving lawyer  little evidence remains. They will never know how intoxicated a suspect is at the time of arrest. Otherwise, there would be no need for testing. Second, they will not know how long it will take to roust a magistrate from his bed, reach the hospital, or obtain a blood sample once there. As the Minnesota  drunk driving lawyer Supreme Court recognized in rejecting arguments like those adopted by the Court today: dui lawyer riverside 

"[T]he officer has no control over how long it would take to travel to a judge or the judge's availability. The officer also may not know the time of the suspect's last drink, the amount of alcohol consumed, or the rate at which the suspect will metabolize alcohol. Finally, an officer cannot know how long it will take to obtain the blood sample once the suspect is  dui lawyer brought to the hospital. Under a totality of the circumstances test, an officer would be called upon to speculate on each of these considerations and  drunk driving lawyer predict how long the most probative evidence 1578*1578of the defendant's blood-alcohol level would continue to exist before a blood sample was no longer reliable." State v. Shriner, 751 N.W.2d 538, 549 (2008) (footnote omitted). dui lawyer riverside 

The Court should not adopt a rule that requires police to guess whether they will be able to obtain a warrant before "too much" evidence is destroyed, for the police lack reliable information concerning the relevant variables.[2] dui lawyer san bernardino  dui lawyer riverside 

This case demonstrates the uncertainty officers face with regard to the delay caused by obtaining a warrant. The arresting officer clearly had probable cause to believe respondent was drunk, but there was no way for the  drunk driving lawyer officer to quantify the level of intoxication to determine how quickly he needed to act in order to obtain probative evidence. Another officer testified at respondent's trial that it typically took 1½; to 2 hours to obtain a drunk-driving warrant at night in Cape Girardeau County, Missouri. See App. 53-54.  dui lawyer Respondent submitted an exhibit summarizing six late afternoon and nighttime drunk-driving search warrants that suggests the time may be shorter.  drunk driving lawyer Brief for Respondent 56; App. 70. Ultimately this factual tiff is beside the point; the spotty evidence regarding timing itself illustrates the fact that delays in obtaining warrants are unpredictable and potentially lengthy. A rule that requires officers (and ultimately courts) to balance transportation delays, hospital availability, and access to magistrates is not a workable rule for cases where natural processes inevitably destroy the evidence with every passing minute. dui lawyer san bernardino  dui lawyer riverside 
 dui lawyer riverside 
The availability of telephonic warrant applications is not an answer to this conundrum. See ante, at 1561-1563, and n. 4. For one thing, Missouri still requires written warrant applications and affidavits, Mo. Ann. Stat. §§ 542.276.2(1), 542.276.2.3 (West Supp.2012), rendering the Court's 50-State survey irrelevant to the actual disposition of this case. Ante,  dui lawyer at drunk driving lawyer  1555, n. 4. But even if telephonic applications were available in Missouri, the same difficulties would arise. As the majority correctly recognizes, "[w]arrants inevitably take some time for police officers or prosecutors to complete and for magistrate judges to review." Ante, at 1562. During that time, evidence is destroyed, and police who have probable cause to believe a crime has been committed should not have to guess how long it will take to  drunk driving lawyer secure a warrant. dui lawyer san bernardino  dui lawyer riverside 

* * *

For the foregoing reasons, I respectfully dissent. dui lawyer san bernardino  dui lawyer riverside 

[1] As a result of his two prior drunk-driving convictions, McNeely was charged with a class D felony under Missouri law, which carries a maximum imprisonment term of four years. See Mo. Ann. Stat. §§ 558.011, 577.023.1(5), 577.023.3 (West 2011). dui lawyer san bernardino 

[2] Compare 358 S.W.3d 65 (2012) (case below), State v. Johnson, 744 N.W.2d 340 (Iowa 2008)(same conclusion), and State v. Rodriguez, 2007 UT 15, 156 P.3d 771 (same), with State v. Shriner,751  dui lawyer N.W.2d 538 (Minn.2008) (holding that the natural dissipation of blood-alcohol evidence alone constitutes a per se exigency), State v. Bohling, 173 Wis.2d 529, drunk driving lawyer  494 N.W.2d 399 (1993) (same); State v. Woolery, 116 Idaho 368, 775 P.2d 1210 (1989) (same). dui lawyer riverside 
[3] We have recognized a limited class of traditional exceptions to the warrant requirement that apply categorically and thus do not require an assessment of whether the policy justifications underlying the exception, which may include exigency-based considerations, are implicated in a particular case. See,e.g., California v. Acevedo, 500 U.S. 565, dui lawyer  569-570, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991) (auto-mobile exception); United States v. Robinson, 414 U.S. 218, 224-235, 94 S.Ct. 467, 38 L.Ed.2d 427 drunk driving lawyer  (1973) (searches of a person incident to a lawful arrest). By contrast, the general exigency exception, which asks whether an emergency existed that justified a warrantless search, naturally calls for a case-specific inquiry. dui lawyer san bernardino  dui lawyer san bernardino 

[4] See Ala. Rule Crim. Proc. 3.8(b) (2012-2013); Alaska Stat. § 12.35.015 (2012); Ariz. Rev.Stat. Ann. §§ 13-3914(C), 13-3915(D), (E) (West 2010); Ark.Code Ann. § 16-82-201 (2005); Cal.Penal Code Ann. § 1526(b) (West 2011); Colo. Rule Crim. Proc. 41(c)(3) (2012); Ga.Code Ann. § 17-5-21.1 (2008); Haw. Rules Penal Proc. 41(h)-(i) (2013); Idaho Code §§ 19-4404, 19-4406 (Lexis 2004); Ind. Code § 35-33-5-8 (2012); Iowa Code §§ 321J.10(3), 462A.14D(3) (2009) (limited to specific circumstances involving  drunk driving lawyer accidents); Kan. Stat. Ann. §§ 22-2502(a), 22-2504 (2011 Cum.Supp.); La.Code Crim. Proc. Ann., Arts. 162.1(B), (D) (West 2003); Mich. Comp. Laws Ann. § 780.651(2)-(6) (West 2006); Minn. Rules Crim. Proc. 33.05, 36.01-36.08 (2010 and Supp.2013); Mont.Code Ann. §§ 46-5-221, 46-5-222 (2012); Neb.Rev.Stat. §§ 29-814.01, 29-814.03, 29-814.05 (2008); Nev. Rev.Stat. § 179.045(2), (4) (2011); N.H.Rev. Stat. Ann. § 595-A:4-a (Lexis Supp.2012);  drunk driving lawyer N.J. Rule Crim. Proc. 3:5-3(b) (2013); N.M. Rules Crim. Proc. 5-211(F)(3), (G)(3) (Supp. 2012); N.Y.Crim. Proc. Law Ann. §§ 690.35(1), dui lawyer 690.36(1), 690.40(3), 690.45(1), (2) (West 2009); N.C. Gen.Stat. Ann. § 15A-245(a)(3) (Lexis 2011); N.D. Rules Crim. Proc. 41(c)(2)-(3) (2012-2013);  drunk driving lawyer Ohio Rules Crim. Proc. 41(C)(1)-(2) (2011); Okla. Stat. Ann., Tit. 22, §§ 1223.1, 1225(B) (West 2011); Ore.Rev.Stat. § 133.545(5)-(6) (2011); Pa. Rules Crim. Proc. 203(A), (C) (2012); S.D. Codified Laws §§ 23A-35-4.2, 23A-35-5, 23A-35-6 (2004); Utah Rule Crim. Proc. 40(l) (2012); Vt. Rules Crim. Proc.  drunk driving lawyer 41(c)(4), (g)(2) (Supp.2012); Va.Code Ann. § 19.2-54 (Lexis Supp.2012); Wash.Super. Ct.Crim. Rule 2.3(c) (2002); Wis. Stat. § 968.12(3) (2007-2008); Wyo. Stat. Ann. § 31-6-102(d) (2011); see generally 2 W. LaFave, Search and Seizure § 4.3(b), pp. 511-516, and n. 29 (4th ed.2004) (describing oral search drunk driving lawyer  warrants and collecting state laws). Missouri requires that search warrants be in writing and does not permit oral testimony, thus excluding telephonic warrants. Mo. Ann. Stat. §§ 542.276.2(1), 542.276.3 (West Supp.2012). State law does permit the submission of warrant applications "by facsimile or  drunk driving lawyer other electronic means." § 542.276.3. dui lawyer san bernardino  dui lawyer san bernardino 

[5] During the suppression hearing in this case, McNeely entered into evidence a search-warrant form used in drunk-driving cases by the prosecutor's office in Cape Girardeau County,  dui lawyer where the arrest  drunk driving lawyer took place. App. 61-69. The arresting officer acknowledged that he had used such forms in the past and that they were "readily available." Id., at 41-42. dui lawyer san bernardino 

[6] The dissent claims that a "50-state survey [is] irrelevant to the actual disposition of this case" because Missouri requires written warrant applications. Post, at 1578. But the per se exigency rule that the drunk driving lawyer  State seeks and the dissent embraces would apply nationally because it treats "the body's natural metabolization of alcohol" as a sufficient basis  drunk driving lawyer dui lawyer  for a warrantless search everywhere and always. Post,at 1574. The technological innovations in warrant procedures that many States have  drunk driving lawyer adopted are accordingly relevant to show that the per se rule is overbroad. dui lawyer san bernardino 

[7] The dissent contends that officers in the field will be  drunk driving lawyer unable to apply the traditional totality of the circumstances test in this context because they will not know all of the relevant facts at the time of an arrest. See post, at 1577. But because "[t]he police are presumably familiar with the mechanics and time involved in the warrant process in their particular jurisdiction, drunk driving lawyer  dui lawyer " post, at 1573 (opinion of ROBERTS, C.J.), we expect that officers can make reasonable judgments about whether the warrant process would produce unacceptable delay under the circumstances. Reviewing courts in turn should assess those judgments "`from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.'" Ryburn v. Huff, 565 U.S. ___, ___, 132 S.Ct. 987, 992, 181 L.Ed.2d 966 (2012) drunk driving lawyer  (per curiam). dui lawyersan bernardino  dui lawyer san bernardino 

[8] Pursuant to congressional directive, the NHTSA conditions federal highway grants on States' adoption of laws making it a per se offense to operate a motor vehicle with a BAC of 0.08 percent or greater.  drunk driving lawyer See 23  dui lawyer U.S.C. § 163(a); 23 C.F.R. § 1225.1 (2012). Several federal prohibitions on drunk driving also rely on the 0.08 percent standard. E.g.,  drunk driving lawyer 32 C.F.R. §§ 234.17(c)(1)(ii), 1903.4(b)(1)(i)-(ii); 36 C.F.R. § 4.23(a)(2). In addition, 32 States and the District of Columbia have adopted laws that impose  drunk driving lawyer heightened penalties for operating a motor vehicle at or above a BAC of 0.15 percent. See NHTSA Review 175. dui lawyer san bernardino 

[9] See Ala.Code § 32-5-192(c) (2010); Alaska Stat.  drunk driving lawyer §§ 28.35.032(a), 28.35.035(a) (2012); Ariz.Rev.Stat. Ann. § 28-1321(D)(1) (West 2012); Ark.Code Ann. §§ 5-65-205(a)(1), 5-65-208(a)(1) (Supp.2011); Conn. Gen.Stat. §§ 14-227b(b), 14-227c(b) (2011); Fla. Stat. Ann. § 316.1933(1)(a) (West 2006); Ga.Code Ann. § 40-5-67.1(d), (d.1) (2011); Haw.Rev. drunk driving lawyer  Stat. § 291E-15 (2009 Cum.Supp.), §§ 291E-21(a), 291E-33 (2007), § 291E-65 (2009 Cum.Supp.); Iowa Code §§ 321J.9(1), 321J.10(1), 321J.10A(1) (2009); Kan. Stat. Ann. § 8-1001(b), (d) (2001); Ky.Rev.Stat. Ann. § 189A.105(2) (Lexis Supp.2012); La. Rev.Stat. Ann. § 32:666.A(1)(a)(i), (2) (Supp. 2013); Md. Transp. Code Ann. § 16-205.1(b)(i)(1), (c)(1) (Lexis 2012); Mass. Gen. Laws Ann., ch. 90, § 24(1)(e), (f)(1) (West 2012); Mich. Comp. Laws Ann.  drunk driving lawyer § 257.625d(1) (West 2006); Miss.Code Ann. § 63-11-21 (1973-2004); Mont.Code Ann. § 61-8-402(4), (5) (2011); Neb.Rev.Stat. § 60-498.01(2) (2012 Cum.Supp.), § 60-6,210 (2010); N.H.Rev.Stat. Ann. §§ 265-A:14(I), 265-A:16 (West 2012 Cum.Supp.); N.M. Stat. Ann. § 66-8-111(A) (LexisNexis 2009); N.Y. Veh.  dui lawyer & Traf. Law Ann. §§ 1194(2)(b)(1), 1194(3) (West 2011); N.D. Cent.Code Ann. § 39-20-01.1(1) (Lexis Supp.2011), § 39-20-04(1) (Lexis 2008); Okla. Stat., Tit. 47, § 753 (West Supp.2013); Ore.Rev.Stat. § 813.100(2) (2011); 75 Pa. Cons.Stat. § 1547(b)(1) (2004); R.I. Gen. Laws §§ 31-27-2.1 dui lawyer (b), 31-27-2.9(a) (Lexis 2010); S.C.Code Ann. § 56-5-2950(B) (Supp.2011); Tenn.Code Ann. § 55-10-406(a)(4), (f) (2012); Tex. Transp. Code Ann. §§ 724.012(b), 724.013 (West 2011); Vt. Stat. Ann., Tit. 23, § 1202(b), (f) (2007); Wash. Rev.Code § 46.20.308(2)-(3), (5) (2012); W. Va.Code Ann. § 17C-5-7 (Lexis Supp.2012); Wyo. Stat. Ann. § 31-6-102(d) (Lexis 2011). dui lawyer san bernardino 

[10] See Ariz.Rev.Stat. Ann. § 28-1321(D)(1) (West 2012); Ga.Code Ann. § 40-5-67.1(d), (d.1) (2011); Ky.Rev.Stat. Ann. § 189A.105(2)(b) (Lexis Supp.2012); Mich. Comp. Laws Ann. § 257.625d(1) (West 2006); Mont.Code Ann. § 61-8-402(5) (2011); N.M. Stat. Ann. § 66-8-111(A) (LexisNexis 2009); N.Y. Veh. & Traf. Law Ann. §§ 1194(2)(b)(1), 1194(3) (West 2011);  dui lawyer Ore.Rev.Stat. 813.320(2)(b) (2011); R.I. Gen. Laws § 31-27-2.9(a) (Lexis 2010); Tenn.Code Ann. § 55-10-406(a)(4) (2012); Vt. Stat. Ann., Tit. 23, § 1202(f) (2007);  drunk driving lawyer Wash. Rev.Code § 46.20.308(1) (2012); W. Va.Code Ann. § 17C-5-7 (Supp.2012) (as interpreted in State v. Stone, 229 W.Va.  drunk driving lawyer 271, ___, 728 S.E.2d 155, 167-168 (2012)); Wyo. Stat. Ann. § 31-6-102(d) (2011); see also State v. Harris, 763 N.W.2d 269, 273-274 (Iowa 2009) (per curiam)(recognizing that Iowa law imposes a warrant requirement subject to a limited case-specific exigency exception). dui lawyer san bernardino  dui lawyer san bernardino 

[11] No findings were made by the trial court concerning how long a warrant would likely have taken to issue under the circumstances. The minimal evidence presented on this point was not uniform. A second patrol dui lawyer  officer testified that in a typical DWI case, it takes between 90 minutes and 2 hours to obtain a search warrant following an arrest. App. 53-54. McNeely, however, also introduced an exhibit documenting six recent search warrant applications for blood testing in Cape Girardeau County  drunk driving lawyer that had shorter processing times. Id., at 70. dui lawyer san bernardino  dhttps://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html
[1] And that second-best evidence may prove useless. When drunk driving lawyer  experts have worked backwards to identify a defendant's BAC at the time he was driving, defense attorneys have objected to that evidence, courts have at times rejected it, and juries may be suspicious of it. See, e.g., 1 D. Nichols & F. Whited, Drinking/Driving Litigation § 2:9, pp. 2-130 to 2-137 (2d ed.2006)  dui lawyer (noting counsel objections to such evidence); State v. Eighth Judicial District Court, 127 Nev. ___, 267 P.3d 777 (2011) (affirming rejection of such evidence); L. Taylor & S. Oberman, Drunk Driving Defense § 6.03 (7th ed.2010) (describing ways to undermine such evidence before  drunk driving lawyer a jury). dui lawyer san bernardino  dui lawyer san bernardino 

[2] This case involves medical personnel drawing blood at a medical facility, not police officers doing so by the side of the road. See Schmerber v. California, 384 U.S. 757, 771-772, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966) ("Petitioner's blood was taken by a physician in a hospital environment according to accepted medical practices. We are thus not presented  drunk driving lawyer with the serious questions which would arise if a search involving use of a medical technique, even of the most rudimentary sort, were made by  dui lawyer other than medical personnel or in other than a medical environment — for example, if it were administered by police in the privacy of the stationhouse"); Brief for Respondent 53, and n. 21 (describing roadside blood draws in Arizona). A plurality of the Court suggests that my approach could make roadside blood draws a more attractive option for police, but such a procedure would pose practical difficulties and, as the Court noted in Schmerber,  drunk driving lawyer would raise additional and serious Fourth Amendment concerns. Seeante, at 1563-1564. dui lawyer  dui lawyer san bernardino 

[1] Neither party has challenged this determination, drunk driving lawyer  which this Court has reaffirmed several times. See,e.g., Skinner v. Railway Labor Executives' Assn., 489 U.S. 602, 625, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989); Winston v. Lee, 470 U.S. 753, 761-763, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985). dui lawyer san bernardino 

[2] Because the Court's position is likely to result in delay in obtaining BAC evidence, it also increases the likelihood that prosecutors will be forced to estimate the amount of alcohol in a defendant's bloodstream using BAC numbers obtained hours later. In practice, this backwards extrapolation is likely to devolve into a battle of the experts, as each side seeks to show that stale evidence supports its position. There is no need for this outcome. Police facing inevitable destruction situations need not forgo collecting the most accurate available evidence simply because they might be able to use an expert witness and less persuasive evidence to approximate what they lost. dui lawyer san bernardino    drunk driving lawyer dui lawyer san bernardino dui lawyer riverside

 drunk driving lawyer 

DUI RELATED LINKS
upreme Court of United States.Argued January 9, 2013.
Decided April 17, 2013.

1556*1556 John N. Koester, Jr., argued, for Petitioner.

Nichole A. Saharsky, for the United States as amicus curiae, by special leave of the Court, supporting the Petitioner.

Steven R. Shapiro, for Respondent.

John N. Koester, Jr., Counsel of Record, Assistant Prosecuting Attorney, Office of Prosecuting Attorney, Cape Girardeau County, MO, Angel M. Woodruff, Acting Prosecuting Attorney, Jackson, MO, for Petitioner.

Stephen Douglas Bonney, Kansas City, MO, Anthony E. Rothert, Grant R. Doty, St. Louis, MO, Steven R. Shapiro, Counsel of Record, Ezekiel R. Edwards, Brandon J. Buskey, New York, NY, Stephen C. Wilson, Wilson & Mann, L.C., Cape Girardeau, MO, for Respondent.

Justice SOTOMAYOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, and an opinion with respect to Parts II-C and III, in which Justice SCALIA,  drunk driving lawyer Justice dui lawyer  GINSBURG, and Justice KAGAN join.


In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826,  drunk driving lawyer 16 L.Ed.2d 908 (1966),this Court upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because the officer "might dui lawyer  reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the destruction of evidence." Id., at 770, 86 S.Ct. 1826 (internal quotation marks omitted). The question presented here is whether the natural metabolization of alcohol in the bloodstream presents aper se exigency that justifies an exception to the Fourth Amendment's warrant requirement for nonconsensual blood testing in all drunk-driving cases. We conclude that it does not, and we hold, consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances.  http://www.duilawyersanbernardinocourt.com 


I

While on highway patrol at approximately 2:08 a.m., a Missouri police officer stopped Tyler McNeely's truck after observing it exceed the posted speed limit and repeatedly cross the centerline. The officer noticed several signs thatMcNeely was intoxicated, including McNeely's bloodshot eyes, his slurred speech, and the smell of alcohol on his breath. McNeely acknowledged to the officer that he had consumed "a couple of beers" at a bar, App. 20, and he appeared unsteady on his feet when he exited the truck. After  dui lawyer McNeely performed poorly on a battery of 1557*1557 field-sobriety tests and declined to use a portable breath-test device to measure his  drunk driving lawyer blood alcohol concentration (BAC), the officer placed him under arrest.


The officer began to transport McNeely to the station house.  drunk driving lawyer But when McNeelyindicated that he would again refuse to provide a breath sample, the officer changed course and took McNeely to a nearby hospital  dui lawyer for blood testing. The officer did not attempt to secure a warrant. Upon arrival at the hospital, the officer asked McNeely whether he would consent to a blood test. Reading from a standard implied consent form, the officer explained to McNeely that under state law refusal to submit voluntarily to the test would lead to the immediate revocation of his driver's license for one year and could be used against him in a future prosecution. See Mo. Ann. Stat. §§ 577.020.1, 577.041 (West 2011). McNeelynonetheless refused. The officer then directed a hospital lab technician to take a blood sample, and the sample was secured at approximately 2:35 a.m. Subsequent laboratory testing measured McNeely's BAC at 0.154 percent, which was well above the legal limit of 0.08 percent. See § 577.012.1.  http://www.duilawyersanbernardinocourt.com 


McNeely was charged with driving while intoxicated (DWI), in dui lawyer  violation of § 577.010.[1] He moved to suppress the results of the blood test, arguing in relevant part that, under the circumstances, taking his blood for chemical testing without first obtaining a search warrant violated his rights under the Fourth Amendment. The trial court agreed. It concluded that the exigency exception to the warrant requirement did not apply because, apart from the fact that "[a]s in all cases involving intoxication, [McNeely's] blood alcohol was being metabolized by his liver," there were no circumstances suggesting the officer faced an emergency in which he could not practicably obtain a warrant. No. 10CG-CR01849-01 (Cir. Ct. Cape Girardeau Cty., Mo., Div. II, Mar. 3, 2011), App. to Pet. for Cert. 43a. On appeal, the Missouri Court of Appeals stated an intention to reverse but transferred the case directly to the Missouri Supreme Court. No. ED 96402 (June 21, 2011),id., at 24a.  http://www.duilawyersanbernardinocourt.com 

The Missouri Supreme Court affirmed. 358 S.W.3d 65 (2012) drunk driving lawyer  (per curiam). Recognizing that this Court's decision in Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908, "provide[d] the backdrop" to its analysis, the Missouri Supreme Court held that "Schmerber directs lower courts to engage in a totality of the circumstances analysis when determining whether exigency permits a nonconsensual, warrantless blood draw." 358 S.W.3d, at 69, 74. The court further concluded that Schmerber "requires more than the mere dui lawyer  dissipation of blood-alcohol evidence to support a warrantless blood draw in an alcohol-related case." 358 S.W.3d, at 70. According to the court, exigency depends heavily on the existence of additional "`special facts,'" such as whether an officer was delayed by the need to investigate an accident and transport an injured suspect to the hospital, as had been the case in Schmerber. 358 S.W.3d, at 70, 74. Finding that this was "unquestionably a routine DWI case" in which no factors other than the natural dissipation of blood-alcohol suggested that there was an emergency, the court held that the nonconsensual warrantless blood draw violated McNeely'sFourth Amendment right to be free from unreasonable searches of his person. Id.,at 74-75.  http://www.duilawyersanbernardinocourt.com 


1558*1558 We granted certiorari to resolve a split of authority on the question whether the natural dissipation of alcohol in the bloodstream establishes a per se exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in drunk-driving investigations.[2] See 567 U.S. ___,  drunk driving lawyer 133 S.Ct. 98, 183 L.Ed.2d 737 (2012). We now affirm.  http://www.duilawyersanbernardinocourt.com 


II

A

The Fourth Amendment provides in relevant part that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause." Our cases have held that a warrantless search of the person is reasonable only if it falls within a  dui lawyer recognized exception. See, e.g., United States v. Robinson, 414 U.S. 218, 224, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973). That principle applies to the type of search at issue in this case, which involved a compelled physical intrusion beneath McNeely's skin and into his veins to obtain a sample of his blood for use as evidence in a criminal investigation. Such an invasion of bodily integrity implicates an individual's "most personal and deep-rooted expectations of privacy." Winston v. Lee, 470 U.S. 753, 760, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985); see also Skinner v. Railway Labor Executives' Assn.,  drunk driving lawyer 489 U.S. 602, 616, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989).


We first considered the Fourth Amendment restrictions on such  dui lawyer searches inSchmerber, where, as in this case, a blood sample was drawn from a defendant suspected of driving while under the influence of alcohol. 384 U.S., at 758, 86 S.Ct. 1826. Noting that "[s]earch warrants are ordinarily required for searches of dwellings," we reasoned that "absent an emergency, no less could be required where intrusions into the human body are concerned," even when the search was conducted following a lawful arrest. Id., at 770, 86 S.Ct. 1826. We explained that the importance of requiring authorization by a "`neutral and detached magistrate'" before allowing a law enforcement officer to "invade another's body in search of evidence of guilt is indisputable and great." Ibid. (quoting Johnson v. United States, 333 U.S. 10, 13-14,  drunk driving lawyer 68 S.Ct. 367, 92 L.Ed. 436 (1948)).  http://www.duilawyersanbernardinocourt.com 


As noted, the warrant requirement is subject to exceptions. "One well-recognized exception," and the one at issue in this case, "applies when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Kentucky v. King,563 U.S. ___, ___, 131 S.Ct. 1849, 1856, 179 L.Ed.2d 865 (2011) (internal quotation marks and brackets omitted). A variety of circumstances may give rise to an exigency sufficient to justify a warrantless search, including law enforcement's need to provide emergency assistance to an occupant of a home, Michigan v. Fisher, 558 U.S.  drunk driving lawyer 45, 47-48, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam), engage in "hot pursuit" of a fleeing suspect, United States v. Santana, 427 U.S. 38, 42-43, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976), or 1559*1559 enter a burning building to put out a fire and investigate its cause, Michigan v. Tyler, 436 U.S. 499, 509-510, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978). As is relevant here, we have also recognized that in some circumstances law enforcement officers may  dui lawyer conduct a search without a warrant to prevent the imminent destruction of evidence. SeeCupp v. Murphy, 412 U.S. 291, 296, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973); Ker v. California, 374 U.S. 23, 40-41, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963) (plurality opinion). While these contexts do not necessarily involve equivalent dangers, in each a warrantless search is potentially reasonable because "there is compelling need for official action and no time to secure a warrant." Tyler, 436 U.S., at 509, 98 S.Ct. 1942.  http://www.duilawyersanbernardinocourt.com 


To determine whether a law enforcement officer faced an emergency that justified acting without a warrant, this Court looks to the totality of circumstances. SeeBrigham City v. Stuart, 547 U.S. 398, 406, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006)(finding officers' entry into a home to provide emergency assistance "plainly reasonable under the circumstances"); Illinois v. McArthur, 531 U.S. 326, 331, 121 S.Ct. 946, 148 L.Ed.2d 838 (2001) (concluding that a warrantless seizure of a person to dui lawyer  prevent him from returning to his trailer to destroy hidden contraband was reasonable "[i]n the circumstances of the case before us" due to exigency);Cupp, 412 U.S., at 296, 93 S.Ct. 2000 (holding that a limited warrantless search of a suspect's fingernails to preserve evidence that the suspect was trying to rub off was justified "[o]n the facts of this case"); see also Richards v. Wisconsin, 520 U.S. 385, 391-396, 117 S.Ct. 1416, 137 L.Ed.2d 615 (1997) (rejecting a per seexception to the knock-and-announce requirement for felony drug investigations based on presumed exigency, and requiring instead evaluation of police conduct "in a particular case"). We apply this "finely tuned approach" to Fourth Amendment reasonableness in this context because the police action at issue lacks "the traditional justification that ... a warrant ... provides." Atwater v. Lago Vista, 532 U.S. 318, 347, n. 16, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001). Absent that established justification, "the fact-specific nature of the reasonableness inquiry,"Ohio v. Robinette,  drunk driving lawyer 519 U.S. 33, 39, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996),demands that we evaluate each case of alleged exigency based "on its own facts and circumstances." Go-Bart Importing Co. v. United States, 282 U.S. 344, 357, 51 S.Ct. 153, 75 L.Ed. 374 (1931).[3]


Our decision in Schmerber applied this totality of the circumstances approach. In that case, the petitioner had suffered injuries in an automobile accident and was taken to the hospital. 384 U.S., at 758, 86 S.Ct. 1826. While he was there receiving treatment, a police officer arrested the petitioner for driving while under the influence of alcohol and ordered a blood test over his objection. Id., at 758-759, 86 S.Ct. 1826. After explaining that the warrant requirement applied generally to searches that intrude into the human body, 1560*1560 we concluded that the warrantless blood test "in the present case" was nonetheless permissible because the officer "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened `the destruction of evidence.'" Id., at 770, 86 S.Ct. 1826 (quoting Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964)).  http://www.duilawyersanbernardinocourt.com 

In support of that conclusion, we observed that evidence could have been lost because "the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from drunk driving lawyer  the system." 384 U.S., at 770, 86 S.Ct. 1826. We added that "[p]articularly in a case such as this, where time had to be taken to bring the accused to a hospital and to investigate the scene of the accident, there was no time to seek out a magistrate and secure a warrant." Id., at 770-771, 86 S.Ct. 1826. "Given  drunk driving lawyer these special facts," we found that it was appropriate for the police to act without a warrant. Id., at 771, 86 S.Ct. 1826. We further held that the blood test at issue was a reasonable way to recover the evidence because it was highly effective, "involve[d] virtually no risk, trauma, or pain," and was drunk driving lawyer  conducted in a reasonable fashion "by a physician in a hospital environment according to accepted medical practices." Ibid. And in conclusion, we noted that our judgment that there had been no Fourth Amendment violation was strictly based "on the facts of the present record." Id., at 772, 86 S.Ct. 1826. dui lawyer san  dui lawyer bernardino 


Thus, our analysis in Schmerber fits comfortably within our case law applying the exigent circumstances exception. In finding the warrantless blood test reasonable in Schmerber, we considered all of the facts and circumstances dui lawyer  of the particular case and carefully based our holding on those specific facts.
 dui lawyer san bernardino 
B

The State properly recognizes that the reasonableness of a warrantless search under the exigency exception to the warrant requirement must be evaluated based on the totality of the circumstances. Brief for  dui lawyer Petitioner 28-29. But the State nevertheless seeks a per se rule for blood testing in drunk-driving cases. The State contends that wheneve drunk driving lawyer r an officer has probable cause to believe an individual has been driving under the influence of alcohol, exigent circumstances will necessarily exist because BAC evidence is inherently evanescent. As a result, the State claims that so long as the officer has probable cause and the blood test is conducted in a reasonable manner, it is categorically reasonable for law enforcement to obtain the blood sample without a warrant. dui lawyer san bernardino  drunk driving lawyer 


It is true that as a result of the human body's natural metabolic processes, the alcohol level in a person's blood begins to dissipate once the alcohol is fully absorbed and continues to decline until the alcohol is eliminated. See Skinner, 489 U.S., at 623, 109 S.Ct. 1402; Schmerber, 384 U.S., at 770-771, 86 S.Ct. 1826. Testimony before the trial court in this case indicated that the percentage of alcohol in an individual's blood typically decreases by approximately 0.015 percent to 0.02 percent per hour once the alcohol has been fully absorbed. App. 47. More precise calculations of the rate at which alcohol dissipates depend on various individual characteristics (such drunk driving lawyer  as weight, gender, and alcohol tolerance) and the circumstances in which the alcohol was consumed. See Stripp, Forensic and Clinical Issues in Alcohol  dui lawyer Analysis, in Forensic Chemistry Handbook 437-441 (L. Kobilinsky ed.2012). Regardless of the exact elimination rate, it is sufficient for our1561*1561 purposes to note that because an individual's alcohol level gradually declines soon after he stops drinking, a significant delay in testing drunk driving lawyer  will negatively affect the probative value of the results. This fact was essential to our holding in Schmerber,as we recognized that, under the circumstances, further delay in order to secure a warrant after the time spent investigating the scene of the accident and transporting the injured suspect to the  drunk driving lawyer hospital to receive treatment would have threatened the destruction of evidence. 384 U.S., at 770-771, 86 S.Ct. 1826. dui lawyer san bernardino 


But it does not follow that we should depart from careful case-by-case assessment of exigency and adopt the categorical rule proposed by the State and its amici. In those drunk-driving investigations where police drunk driving lawyer  officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so. SeeMcDonald v. United States, 335 U.S. 451, 456, 69 S.Ct. 191, 93 L.Ed. 153 (1948)("We cannot ... excuse the absence of a search warrant without a showing by those who seek exemption from the constitutional mandate that the exigencies of the situation made [the search] imperative"). We do not doubt that some circumstances will make obtaining a warrant impractical such that the dissipation of alcohol from the  dui lawyer bloodstream will support an exigency justifying a properly conducted warrantless blood test. That, however, is a reason to decide each case on its facts, as we did in Schmerber, not to accept the "considerable overgeneralization" that a per se rule would reflect. Richards, 520 U.S., at 393, 117 S.Ct. 1416. dui lawyer san bernardino 

The context of blood testing is different in critical respects from  drunk driving lawyer other destruction-of-evidence cases in which the police are truly confronted with a "`now or never'" situation. Roaden v. Kentucky, 413 U.S. 496, 505, 93 S.Ct. 2796, 37 L.Ed.2d 757 (1973). In contrast to, for example, circumstances in which the suspect has control over easily disposable evidence, see  drunk driving lawyer Georgia v. Randolph, 547 U.S. 103, 116, n. 6, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006); Cupp, 412 U.S., at 296, 93 S.Ct. 2000,BAC evidence from a drunk-driving suspect naturally dissipates over time in a gradual and relatively predictable manner. Moreover, because a police officer must typically transport a drunk-driving suspect to a medical facility and obtain the assistance of someone with appropriate medical training before conducting a  dui lawyer blood test, some delay between the time of the arrest or accident and the time of the test is inevitable regardless of whether police officers are required to obtain a warrant. See State v. Shriner, 751 N.W.2d 538, 554 (Minn.2008) (Meyer, J., dissenting). This reality undermines the force of the State's contention, endorsed by the dissent, see post, at 1575 (opinion of THOMAS, J.), that we should recognize a categorical exception to the warrant requirement because BAC evidence "is actively being destroyed with every minute that passes." Brief for Petitioner 27. Consider, for example, a situation in which drunk driving lawyer  the warrant process will not significantly increase the delay before the blood test is conducted because an officer can take steps to secure a warrant while the suspect is being transported to a medical facility by another officer. In such a circumstance, there would be no plausible justification for an  drunk driving lawyer exception dui lawyer  to the warrant requirement. dui lawyer san bernardino 

The State's proposed per se rule also fails to account for advances in drunk driving lawyer  the 47 years since Schmerber was decided that allow for the more expeditious processing of warrant applications, particularly in contexts like drunk-driving investigations where the evidence offered to establish 1562*1562 probable cause is simple. The Federal Rules of Criminal Procedure were amended in 1977 to permit federal magistrate judges to issue a warrant based on sworn testimony communicated by telephone. See 91 Stat. 319. As amended,  drunk driving lawyer  dui lawyer the law now allows a federal magistrate judge to consider "information communicated by telephone or other reliable electronic means." Fed. Rule Crim. Proc. 4.1. States have also innovated. Well over a majority of States allow police officers or prosecutors to apply for search warrants remotely through various means, including telephonic or radio communication, electronic communication such as e-mail, and video conferencing.[4] And in addition to technology-based developments, jurisdictions have found other ways to streamline the warrant process, such as by using standard-form warrant applications for drunk-driving investigations.[5] dui lawyer san bernardino 

We by no means claim that telecommunications innovations have, will, or should eliminate all delay from the warrant-application process. Warrants inevitably take some time for police officers or prosecutors to complete and for magistrate judges to review. Telephonic and electronic warrants may still require officers to follow time-consuming formalities designed to create an adequate record, such as preparing a duplicate warrant before calling the magistrate judge. See Fed. Rule Crim. Proc. 4.1(b)(3). And improvements in communications technology do not guarantee that a magistrate judge will be available when an officer needs a warrant after making a late-night arrest. But technological developments that enable police officers to secure warrants more quickly, and do so without undermining the neutral magistrate judge's essential 1563*1563 role as a check on police discretion, are relevant to an assessment of exigency. That is particularly so in this context, where   drunk driving lawyer dui lawyer BAC evidence is lost gradually and relatively predictably.[6] dui lawyer san bernardino 

Of course, there are important countervailing concerns. While experts can work backwards from the BAC at the time the sample was taken to determine the BAC at the time of the alleged offense, longer intervals may raise dui lawyer  questions about the accuracy of the calculation. For that reason, exigent circumstances justifying a warrantless blood sample may arise in the regular course of law enforcement due to delays from the warrant application process. But adopting the State's per seapproach would improperly drunk driving lawyer  ignore the current and future technological developments in warrant procedures, and might well diminish the incentive for jurisdictions "to pursue progressive  dui lawyer approaches to warrant acquisition that preserve the protections afforded by the warrant while meeting the legitimate interests of law enforcement." State v. Rodriguez, 2007 UT 15, ¶ 46, 156 P.3d 771, 779. dui lawyer san bernardino 

In short, while the natural dissipation of alcohol in the blood may support a finding of exigency in a specific case, as it did in Schmerber, it does not do so categorically. Whether a warrantless blood test of a drunk-driving  dui lawyer suspect is reasonable must be determined case by case based on the totality of the circumstances. dui lawyer san bernardino 

C

In an opinion concurring in part and dissenting in part, THE CHIEF JUSTICE agrees that the State's proposed per se rule is overbroad because "[f]or exigent circumstances to justify a warrantless search ... there must ... be `no time to secure a warrant.'" Post, at 1572 (quoting Tyler, 436 U.S., at 509, 98 S.Ct. 1942). But THE CHIEF JUSTICE then goes on to suggest his own  drunk driving lawyer categorical rule under which a warrantless blood draw is permissible if the officer could not secure a warrant (or reasonably believed he could not  dui lawyer secure a warrant) in the time it takes to transport the suspect to a hospital or similar facility and obtain medical assistance. Post, at 1572-1574. Although we agree that delay inherent to the blood-testing process is relevant to evaluating exigency, see supra, at 1561, we decline to substitute  drunk driving lawyer THE CHIEF JUSTICE's modified per se rule for our traditional totality of the circumstances analysis.

For one thing, making exigency completely dependent on the window of time between an arrest and a blood test produces odd consequences. Under THE CHIEF JUSTICE's rule, if a police officer serendipitously stops a suspect near an emergency room, the officer may conduct a nonconsensual warrantless blood draw even if all agree that a warrant could be obtained with very little delay under the circumstances (perhaps with far less delay than an average ride to the hospital in the jurisdiction). The rule  dui lawyer  drunk driving lawyer would also distort law enforcement incentives. As with the State's per se rule, THE CHIEF JUSTICE's rule might discourage efforts to expedite the warrant process because it categorically authorizes warrantless blood draws so long as it takes more time to 1564*1564 secure a warrant than to obtain medical assistance. On the flip side, making the requirement of independent judicial oversight turn exclusively on the amount of time that elapses between an arrest and BAC testing could induce police departments and individual officers to minimize testing delay to the detriment of other values. THE CHIEF JUSTICE correctly observes that "[t]his case involves medical personnel drawing blood at a medical facility, not police officers doing so by the side of the road." Post, at 1572, n. 2. But THE CHIEF JUSTICE does not say that roadside blood draws are necessarily unreasonable, and if we accepted THE CHIEF JUSTICE's approach, they would become a more attractive option for the police.

III

The remaining arguments advanced in support of a per se exigency rule are unpersuasive. dui lawyer san bernardino 

The State and several of its amici, including the United States,  drunk driving lawyer express concern that a case-by-case approach to exigency will not provide adequate guidance to law enforcement officers deciding whether to conduct a blood test of a drunk-driving suspect without a warrant. THE CHIEF JUSTICE and the dissent also raise this concern. See post, at 1569, 1573-1574 (opinion of ROBERTS, C.J.); post, at 1576-1578 (opinion of THOMAS, J.). While the desire for a bright-line rule is understandable, the Fourth Amendment will not tolerate adoption of an overly broad categorical approach that would dilute the warrant requirement in a context where significant privacy interests are at stake. Moreover, a case-by-case approach is hardly unique within our Fourth Amendment jurisprudence. Numerous police actions are judged based on fact-intensive, totality of the circumstances analyses rather than according to categorical rules, including in situations that are more likely to require police officers to make difficult split-second judgments. See,e.g., Illinois v. Wardlow, 528 U.S. 119, 123-125, 120 S.Ct. 673,  dui lawyer 145 L.Ed.2d 570 (2000) (whether an officer has reasonable suspicion to make an investigative stop and to pat down a suspect for weapons under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)); Robinette, 519 U.S., at 39-40, 117 S.Ct. 417(whether valid consent has been given to search); Tennessee v. Garner, 471 U.S. 1, 8-9, 20, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (whether force used to effectuate a seizure, including deadly force, is reasonable). As in those contexts, we see no valid substitute for careful case-by-case evaluation of reasonableness here.[7] dui lawyer san bernardino  drunk driving lawyer 

Next, the State and the United States contend that the privacy interest implicated by blood draws of drunk-driving suspects is relatively minimal. That is so, they claim, both because motorists have a diminished expectation of privacy and because our cases have repeatedly indicated that blood testing is commonplace in society and typically involves "virtually no 1565*1565 risk, trauma, or pain." Schmerber,384 U.S., at 771, 86 S.Ct. 1826. See also post, at 1575,  dui lawyer and n. 1 (opinion of THOMAS, J.). dui lawyer san bernardino  drunk driving lawyer 

But the fact that people are "accorded less privacy in ... automobiles  drunk driving lawyer because of th[e] compelling governmental need for regulation," California v. Carney, 471 U.S. 386, 392, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985), does not diminish a motorist's privacy interest in preventing an agent of the government from piercing his skin. As to the nature of a blood test conducted in a medical setting by trained personnel, it is concededly less intrusive than other bodily invasions we have found unreasonable. See Winston, drunk driving lawyer  470 U.S., dui lawyer  at 759-766, 105 S.Ct. 1611 (surgery to remove a bullet); Rochin v. California, 342 U.S. 165, 172-174, 72 S.Ct. 205, 96 L.Ed. 183 (1952) (induced vomiting to extract narcotics capsules ingested by a suspect violated the Due Process Clause). For that reason, we have held that medically drawn blood tests are reasonable in appropriate circumstances. SeeSkinner, 489 U.S., at 618-633, 109 S.Ct. 1402 (upholding warrantless blood testing of railroad employees involved in certain train accidents under the "special needs" doctrine); Schmerber, 384 U.S., at 770-772, 86 S.Ct. 1826. dui lawyer  We have never retreated, however, from our recognition that any compelled intrusion into the human body implicates significant, constitutionally  drunk driving lawyer protected privacy interests. dui lawyer san bernardino 

Finally, the State and its amici point to the compelling governmental interest in combating drunk driving and contend that prompt BAC testing, including through blood testing, is vital to pursuit of that interest. They  dui lawyer argue that is particularly so because, in addition to laws that make it illegal to operate a motor vehicle under the influence of alcohol, all  drunk driving lawyer 50 States and the District of Columbia have enacted laws that make it per se unlawful to operate a motor vehicle with a BAC of over 0.08 percent. See National Highway Traffic Safety Admin. (NHTSA), Alcohol and Highway Safety: A Review of the State of Knowledge 167 (No. 811374, Mar. 2011) (NHTSA Review).[8] To enforce these provisions, they reasonably assert, accurate BAC evidence is critical. See also post, at 1570-1571 (opinion of ROBERTS, C.J.);post, at 1576-1577 (opinion of  dui lawyer THOMAS, J.).

"No one can seriously dispute the magnitude of the drunken driving problem or the States' interest in eradicating it." Michigan Dept. of State Police v. Sitz, 496 U.S. 444, 451, 110 S.Ct. 2481, 110 L.Ed.2d 412 (1990).  drunk driving lawyer Certainly we do not. While some progress has been made, drunk driving continues to exact a terrible toll on our society. See NHTSA, Traffic Safety Facts,  dui lawyer 2011 Data 1 (No. 811700, Dec. 2012) (reporting that 9,878 people were killed in alcohol-impaired driving crashes in 2011, an average  drunk driving lawyer of one fatality every 53 minutes). dui lawyer san bernardino 

But the general importance of the government's interest in this area does not justify departing from the warrant requirement without showing exigent circumstances that make securing a warrant impractical in a particular  dui lawyer case. To the extent that the State and its amici contend that applying the traditional Fourth Amendment totality-of-the-circumstances 1566*1566 analysis to determine whether an exigency justified a warrantless search will undermine the governmental interest in preventing and  drunk driving lawyer prosecuting drunk-driving offenses, we are not convinced. dui lawyer san bernardino 

As an initial matter, States have a broad range of legal tools to drunk driving lawyer  enforce their drunk-driving laws and to secure BAC evidence without undertaking warrantless nonconsensual blood draws. For example, all 50 States dui lawyer  have adopted implied consent laws that require motorists, as a condition of operating a motor vehicle within the State, to consent to BAC testing if they are arrested or otherwise detained on suspicion of a drunk-driving offense. See NHTSA Review 173; supra,at 1556 (describing Missouri's drunk driving lawyer  implied consent law).  dui lawyer Such laws impose significant consequences when a motorist withdraws consent; typically the motorist's driver's license is immediately suspended or revoked, and most States allow the motorist's refusal to take a BAC test to be used as evidence against him in a subsequent criminal prosecution. See NHTSA Review 173-175; see also South Dakota v. Neville, 459 U.S. 553, 554, 563-564, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983)(holding that the use of such an adverse inference does not violate the Fifth Amendment right against self-incrimination). dui lawyer san bernardino  drunk driving lawyer 

It is also notable that a majority of States either place significant restrictions on when police officers may obtain a blood sample despite a suspect's refusal (often limiting testing to cases involving an accident resulting in death or serious bodily injury) or prohibit nonconsensual blood tests altogether.[9] Among these States, several lift restrictions on nonconsensual blood testing if law enforcement officers first obtain a search warrant or similar court order.[10] Cf. Bullcoming v. New 1567*1567Mexico, 564 U.S. ___, ___, 131 S.Ct. 2705, 2710-2711, 180 L.Ed.2d 610 (2011)(noting that the blood test was obtained pursuant to a warrant after the petitioner refused a breath test). We are aware of no evidence indicating that restrictions on nonconsensual blood testing have compromised drunk-driving enforcement efforts in the States that have them. And in fact, field studies in States that permit nonconsensual blood testing pursuant to a warrant have suggested that, although warrants do impose administrative burdens, their use can reduce breath-test-refusal rates and improve law enforcement's ability to recover BAC evidence. dui lawyer  See NHTSA, Use of Warrants for Breath Test Refusal: Case Studies 36-38 (No. 810852, Oct. 2007). dui lawyer san bernardino  drunk driving lawyer 

To be sure, "States [may] choos[e] to protect privacy beyond the level that the Fourth Amendment requires." Virginia v. Moore, 553 U.S. 164, 171, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008). But wide-spread state restrictions on nonconsensual blood testing provide further support for our recognition that compelled blood draws implicate a significant privacy interest.  dui lawyer They also strongly suggest that our ruling today will not "severely hamper effective law enforcement."Garner, 471 U.S., at 19, 105 S.Ct. 1694. dui lawyer san bernardino 

IV

The State argued before this Court that the fact that alcohol is  drunk driving lawyer naturally metabolized by the human body creates an exigent circumstance in every case. The State did not argue that there were exigent circumstances in this particular case because a warrant could not have been obtained within a reasonable amount of time. In his testimony before the trial court, the arresting officer did not identify any other factors that would suggest he faced an emergency or unusual delay in securing a warrant. App. 40. He testified that he made no effort to obtain a search warrant before conducting the blood draw even though he was "sure" a prosecuting attorney was on call and even though  drunk driving lawyer he had no  dui lawyer reason to believe that a magistrate judge would have been unavailable. Id., at 39, 41-42. The officer also acknowledged that he had obtained search warrants before taking blood samples in the past without difficulty. Id., at 42. He explained that he elected to forgo a warrant application in this case only because he believed it was not legally necessary to obtain a warrant. Id., at 39-40. Based on this testimony, the trial court concluded that there was no exigency and specifically found that, although the arrest took place in the middle of the night, "a prosecutor was readily available to apply for a search warrant and a judge was readily available to issue a warrant." App. to Pet. for Cert. 43a.[11] dui lawyer san bernardino 

The Missouri Supreme Court in turn affirmed that judgment, holding first that the dissipation of alcohol did not establish a per se exigency, and second that the State could not otherwise satisfy its burden of establishing exigent  dui lawyer circumstances.1568*1568 358 S.W.3d, at 70, 74-75. In petitioning for certiorari to this Court, the State challenged only the first holding; it did not separately contend that the warrantless blood test was reasonable regardless of whether the natural dissipation of alcohol in a suspect's blood  drunk driving lawyer categorically justifies dispensing with the warrant requirement. See Pet. for Cert. i.

Here and in its own courts the State based its case on an insistence drunk driving lawyer  that a driver who declines to submit to testing after being arrested for driving under the influence of alcohol is always subject to a nonconsensual blood  dui lawyer test without any precondition for a warrant. That is incorrect. dui lawyer san bernardino 

Although the Missouri Supreme Court referred to this case drunk driving lawyer  as "unquestionably a routine DWI case," 358 S.W.3d, at 74, the fact that a particular drunk-driving stop is "routine" in the sense that it does not involve "`special facts,'" ibid., such as the need for the police to attend to a car accident, does not mean a warrant is required. Other factors present in an o drunk driving lawyer rdinary traffic stop, such as the procedures in place for obtaining a warrant or the availability of a magistrate judge, may affect whether the police can  drunk driving lawyer obtain a warrant in an expeditious way and therefore may establish an exigency that permits a warrantless search. The relevant factors in determining whether a warrantless search is reasonable, including the practical problems of obtaining a warrant within a timeframe that still preserves the opportunity to  dui lawyer obtain reliable evidence, will no doubt vary depending upon the circumstances in the case. dui lawyer san bernardino  drunk driving lawyer 

Because this case was argued on the broad proposition drunk driving lawyer that drunk-driving cases present a per se exigency, the arguments and the record do not provide the Court with an adequate analytic framework for a detailed discussion of all the relevant factors that can be taken into account in determining the reasonableness of acting without a warrant. It suffices to say that drunk driving lawyer  the metabolization of alcohol in the bloodstream and the ensuing loss of evidence are among the factors that must be considered in deciding whether a warrant is required. No doubt, given the large number of arrests for this offense in different jurisdictions nationwide, cases will arise when anticipated  drunk driving lawyer  dui lawyer delays in obtaining a warrant will justify a blood test without judicial authorization, for in every case the law must be concerned that evidence is being destroyed. But that inquiry ought not to be pursued here where the question is not properly before this Court. Having rejected the drunk driving lawyer  sole argument presented to us challenging the Missouri Supreme Court's decision, we affirm its judgment.

* * *

We hold that in drunk-driving investigations, the natural  drunk driving lawyer dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. dui lawyer san bernardino 

The judgment of the Missouri Supreme Court is affirmed. dui lawyer san bernardino 

It is so ordered.

Justice KENNEDY, concurring in part. dui lawyer san bernardino  https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html 

I join Parts I, II-A, II-B, and IV of the opinion for the Court. dui lawyer san  dui lawyer bernardino  https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html drunk driving lawyer 

For the reasons stated below this case does not call for the Court to  drunk driving lawyer consider dui lawyer  in detail the issue discussed in Part II-C and the separate opinion by THE CHIEF JUSTICE. https://www.avvo.com/attorneys/92401-ca-patrick-silva-333848/reviews.html san bernardino 


As to Part III, much that is noted with respect to the statistical and survey data will be of relevance when this issue is explored in later cases. The repeated insistence in Part III that every case be determined by its own circumstances is dui lawyer  1569*1569 correct, of course, as a general proposition; yet it ought not to be interpreted to indicate this question is not susceptible of rules and guidelines that can give important, practical instruction to arresting officers, instruction that in any number of instances would allow a w drunk driving lawyer arrantless blood test in order to preserve the critical evidence. dui lawyer san bernardino 

States and other governmental entities which enforce the driving laws  dui lawyer can adopt rules, procedures, and protocols that meet the reasonableness requirements of the Fourth Amendment and give helpful guidance to law  dui lawyer enforcement officials. And this Court, in due course, may find it appropriate and necessary to consider a case permitting it to provide more guidance than it undertakes to give today. dui lawyer san bernardino 

As the opinion of the Court is correct to note, the instant case, drunk driving lawyer  by reason of the dui lawyer  way in which it was presented and decided in the state courts, does not provide a framework where it is prudent to hold any more than that always dispensing with a warrant for a blood test when a driver is arrested for being under the influence of alcohol is inconsistent with the  drunk driving lawyer Fourth Amendment. dui lawyer san bernardino 

Chief Justice ROBERTS, with whom Justice BREYER and J drunk driving lawyer ustice ALITO join,  dui lawyer concurring in part and dissenting in part.

A police officer reading this Court's opinion would have no idea — no idea — what the Fourth Amendment requires of him, once he decides to obtain a blood sample from a drunk driving suspect who has refused drunk driving lawyer  a breathalyzer test.  dui lawyer I have no quarrel with the Court's "totality of the circumstances" approach as a general matter; that is what our cases require. But the circumstances in drunk driving cases are often typical, and the Court should be able to offer guidance on how police should handle cases like the one before us.
 dui lawyer san bernardino 
In my view, the proper rule is straightforward. Our cases  drunk driving lawyer establish that there is an exigent circumstances exception to the warrant requirement. That exception applies when there is a compelling need to prevent the imminent destruction of important evidence, and there is no time to obtain a warrant. The natural dissipation of alcohol in the bloodstream constitutes not dui lawyer  only the imminent but ongoing destruction of critical evidence. That would qualify as an exigent circumstance, except that there may be time to secure a warrant before blood can be drawn. If there is, an officer must seek a warrant. If an officer could reasonably conclude that there drunk driving lawyer  is not, the exigent circumstances exception applies by its terms, and the blood may be drawn without a warrant. dui lawyer san bernardino 

I

The Fourth Amendment provides: dui lawyer san bernardino 

"The right of the people to be secure in their persons, houses,   drunk driving lawyer dui lawyer papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." dui lawyer san bernardino 

That language does not state that warrants are required prior dui lawyer  to searches, but this Court has long held that warrants must generally be obtained. See Kentucky v. King, 563 U.S. ___, ___, 131 S.Ct. 1849, 1856, 179 L.Ed.2d 865 (2011). We have also held that bodily intrusions like blood draws constitute searches and are subject to the warrant requirement. See Schmerber v. California, 384 U.S. 757, 767, 770, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). dui lawyer san bernardino 

However, "the ultimate touchstone of the Fourth  dui lawyer Amendment is `reasonableness,'"1570*1570 Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006), and thus "the warrant requirement is subject to certain reasonable exceptions," King, 563 U.S., at ___, 131 S.Ct., at 1856. One of those exceptions is known as the "exigent circumstances exception," which "applies when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Ibid.(internal quotation marks and alterations omitted). dui lawyer san bernardino 

Within the exigent circumstances exception, we have identified several sets of exigent circumstances excusing the need for a warrant. For example, there is an emergency aid exception to the warrant requirement. In Brigham  dui lawyer City, supra, at 403, 126 S.Ct. 1943, we held that "law enforcement officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury." There is also a fire exception to the warrant requirement. In Michigan v. Tyler, 436 U.S. 499, 509, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978), we held that "[a] burning building clearly presents an exigency of sufficient proportions to render a warrantless entry dui lawyer  `reasonable.'" And there is a hot pursuit exception to the warrant requirement as well. In United States v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976), and Warden, Md. Penitentiary v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967), we recognized "the right of police, who had probable cause to believe that an armed robber had entered a house a few minutes before, to make a warrantless entry to arrest the robber and to search for weapons." Santana, supra, at 42, 96 S.Ct. 2406. In each of these cases, the requirement that we base our decision on the dui lawyer  "totality of the circumstances" has not prevented us from spelling out a general rule for the police to follow. dui lawyer san bernardino 

The exigency exception most on point here is the one for imminent destruction of evidence. We have affirmed on several occasions that "law enforcement officers may make a warrantless entry onto private property ... to drunk driving lawyer  prevent the imminent destruction of evidence." Brigham City, supra, at 403, 126 S.Ct. 1943 (citing Ker v. California, 374 U.S. 23, 40, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963) (plurality opinion)); see also, e.g., King, supra, at ___, 131 S.Ct., at 1856-1857. For example, in Ker, the police had reason to believe that the defendant was in possession of marijuana and was expecting police pursuit. We upheld the officers' warrantless entry into the defendant's home, with the plurality explaining that the drugs "could be quickly and easily destroyed" or "distributed or hidden before a warrant could be obtained at  drunk driving lawyer that time of night." 374 U.S., at 40, 42, 83 S.Ct. 1623. dui lawyer san bernardino 

As an overarching principle, we have held that if there is a "compelling need for official action and no time to secure a warrant," the warrant requirement may be excused. Tyler, supra, at 509, 98 S.Ct. 1942. The question here is whether and how this principle applies in the typical case of a police officer stopping a driver on suspicion of drunk driving. dui lawyer san bernardino  drunk driving lawyer  drunk driving lawyer 

II

A

The reasonable belief that critical evidence is being destroyed gives drunk driving lawyer  rise to a compelling need for blood draws in cases like this one. Here, in fact, there is not simply a belief that any alcohol in the bloodstream will be destroyed; it is a biological certainty. Alcohol dissipates from the bloodstream at a rate of 0.01 percent to 0.025 percent per hour. Stripp, Forensic 1571*1571  drunk driving lawyer  dui lawyer and Clinical Issues in Alcohol Analysis, in Forensic Chemistry Handbook 440 (L. Kobilinsky ed.2012). Evidence is literally disappearing by the minute. That certainty makes this case an even stronger one than usual for application of the exigent circumstances exception. dui lawyer san bernardino 

And that evidence is important. A serious and deadly crime is at issue. According to the Department of Transportation, in 2011, one person died every 53 minutes due to drinking and driving. National Highway Traffic Safety Admin. (NHTSA), Traffic Safety Facts, 2011 Data 1 (No. 811700, Dec. 2012). No surprise then that drinking and driving is punished severely,  drunk driving lawyer including dui lawyer with jail time. See generally Dept. of Justice, Bureau of Justice Statistics, L. Maruschak, Special Report, DWI Offenders under Correctional Supervision (1999). McNeely, for instance, faces up to four years in prison. See App. 22-23 (citing Mo. Ann. Stat. §§ 558.011, 577.010, 577.023 (West 2011)). dui lawyer san bernardino 

Evidence of a driver's blood alcohol concentration (BAC) is crucial to obtain convictions for such crimes. All 50 States and the District of Columbia have laws providing that it is per se illegal to drive with a BAC of 0.08 percent or higher. Most States also have laws establishing additional penalties for drivers who drive with a "high BAC," often defined as 0.15 percent or above. NHTSA, Digest of Impaired Driving and Selected Beverage Control Laws, pp. vii, x-xviii (No. 811673, Oct. 2012). BAC evidence clearly matters. And when drivers dui lawyer  refuse breathalyzers, asMcNeely did here, a blood draw becomes necessary to obtain that evidence. dui lawyer san bernardino 

The need to prevent the imminent destruction of BAC evidence is no less compelling because the incriminating alcohol dissipates over a limited period of time, rather than all at once. As noted, the concentration of alcohol can make a difference not only between guilt and innocence, but between different crimes and different degrees of punishment. The officer is unlikely to know  dui lawyer precisely when the suspect consumed alcohol or how much; all he knows is that critical evidence is being steadily lost. Fire can spread gradually, but that does not lessen the need and right of the officers to respond immediately. See Tyler, supra. dui lawyer san bernardino 

McNeely contends that there is no compelling need for a warrantless blood draw, because if there is some alcohol left in the blood by the time a warrant is obtained, the State can use math and science to work backwards and identify a defendant's BAC at the time he was driving. See Brief for Respondent 44-46. But that's not good enough. We have indicated that exigent circumstances justify drunk driving lawyer  warrantless entry when drugs are about to be flushed down the toilet. See, e.g., King, 563 U.S., at ___-___, 131 S.Ct., at 1857-1858. We dui lawyer  have not said that, because there could well be drug paraphernalia elsewhere in the home, or because a defendant's co-conspirator might testify to the amount of drugs involved, the drugs themselves are not crucial and there is no compelling need for warrantless  drunk driving lawyer entry. dui lawyer san bernardino 

The same approach should govern here. There is a compelling need to search because alcohol — the nearly conclusive evidence of a serious crime — is dissipating from the bloodstream. The need  drunk driving lawyer is no less compelling dui lawyer  because the police might be able to acquire second-best evidence some other way.[1]

1572*1572 B dui lawyer san bernardino 

For exigent circumstances to justify a warrantless search, however, there must also be "no time to secure a warrant." Tyler, 436 U.S., at 509, 98 S.Ct. 1942; seeSchmerber, 384 U.S., at 771, 86 S.Ct. 1826 (warrantless  dui lawyer  dui lawyer search legal when "there was no time to seek out a magistrate and secure a warrant"). In this respect, obtaining  drunk driving lawyer a blood sample from a suspected drunk driver differs from other exigent circumstances cases. dui lawyer san bernardino 

Importantly, there is typically delay between the moment a drunk driver is stopped and the time his blood can be drawn. Drunk drivers often end up in an emergency room, but they are not usually pulled over in front  drunk driving lawyer of one. In most exigent circumstances situations, police are just outside the door to a home. Inside, evidence is about to be destroyed, a person is about to be dui lawyer  injured, or a fire has broken out. Police can enter promptly and must do so to respond effectively to the emergency. But when police pull a person over on suspicion of drinking and driving, they cannot test his blood right away.[2] There is a time-consuming obstacle to their search, in the form of a trip to the hospital and perhaps a wait to see a medical professional. In this case, for example, approximately 25 minutes elapsed between the drunk driving lawyer  drunk driving lawyer  time the police stopped McNeely and the time his blood was drawn. App. 36, 38. dui lawyer san bernardino 

As noted, the fact that alcohol dissipates gradually from the bloodstream does not diminish the compelling need for a search — critical evidence is still disappearing. But the fact that the dissipation persists for  drunk driving lawyer some dui lawyer  time means that the police — although they may not be able to do anything about it right away — may still be able to respond to the ongoing destruction of evidence later on. dui lawyer san bernardino 

There might, therefore, be time to obtain a warrant in many cases. As the Court explains, police can often request warrants rather quickly these days. At least 30 States provide for electronic warrant applications. See ante, at 1561-1563, and n. 4. In many States, a police officer can call a judge, convey the necessary information, and be authorized to affix the drunk driving lawyer  judge's signature to a warrant. See, e.g.,Ala. Rule Crim. Proc. 3.8(b) (2012-2013); Alaska Stat. § 12.35.015 (2012); Idaho Code §§ 19-4404, 19-4406 (Lexis 2004); Minn. Rules Crim. Proc. 36.01-36.08 (2010 and Supp.2013); Mont. Code Ann. § 46-5-222 (2012); see generally NHTSA, Use of Warrants for Breath dui lawyer  Test Refusal: Case Studies 6-32 (No. 1573*1573810852, Oct. 2007) (overview of procedures in Arizona, Michigan, Oregon, and Utah). Utah has an e-warrant procedure where a police officer enters information into a system, the system notifies a prosecutor, and upon approval the officer forwards the information to a magistrate, who can electronically return a warrant to the officer. Utah, e-Warrants: Cross Boundary Collaboration 1 (2008). Judges have been known to issue warrants in as little as five minutes. Bergreen, Faster Warrant System Hailed, Salt Lake Tribune, Dec. 26, 2008, p. B1, col. 1. And in one county in Kansas, police officers can e-mail warrant requests to judges' iPads; judges have signed such warrants and e-mailed them back to officers in less than 15 minutes. Benefiel, DUI Search Warrants: Prosecuting DUI Refusals, 9 Kansas Prosecutor 17, 18 (Spring 2012). The police are presumably familiar with the mechanics and time involved in the warrant process in their particular jurisdiction. dui lawyer san bernardino 

III

A

In a case such as this, applying the exigent circumstances exception to the general warrant requirement of the Fourth Amendment seems straightforward: If there is time to secure a warrant before blood can be drawn, the police must seek one. If an officer could reasonably conclude that there is not sufficient time to seek and receive a warrant, or he applies for one but does not receive a response before blood can be drawn, a warrantless blood draw may ensue. See Tyler, supra, at 509, 98 S.Ct. 1942; see also dui lawyer  Illinois v. Rodriguez, 497 U.S. 177, 185-186, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990) ("in order to satisfy the `reasonableness' requirement of the Fourth Amendment, what is generally demanded of the many factual determinations that must regularly be made by ... police officer[s] conducting a  drunk driving lawyer  drunk driving lawyer search or seizure under one of the exceptions to the warrant requirement ... is not that they always be correct, but that they always be reasonable"); Terry v. drunk driving lawyer  Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)("police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure"). dui lawyer san bernardino 

Requiring police to apply for a warrant if practicable increases the likelihood that a neutral, detached judicial officer will review the case, helping to ensure that there is probable cause for any search and that any search drunk driving lawyer  is reasonable. We have already held that forced blood draws can be constitutional — that such searches can be reasonable — but that does not change the fact that they are significant bodily intrusions. See Schmerber, 384 U.S., at 770, 86 S.Ct. 1826 (upholding a warrantless forced blood draw but noting the "importance of informed, detached and deliberate determinations of the issue whether or not to invade another's body in search of evidence of guilt" as "indisputable and great"). Requiring a warrant whenever practicable helps ensure that when blood draws occur, they are indeed justified. dui lawyer san bernardino 

At the same time, permitting the police to act without a warrant to prevent the imminent destruction of evidence is well established in Fourth Amendment law. There is no reason to preclude application of that  dui lawyer  dui lawyer exception in drunk driving cases simply because it may take the police some time to be able to respond to the undoubted destruction of evidence, drunk driving lawyer  or because the destruction occurs continuously over an uncertain period. dui lawyer san bernardino 

And that is so even in situations where police have requested a warrant but do not receive a timely response. An officer who reasonably concluded there was no time to secure a warrant may have blood  dui lawyer drawn  drunk driving lawyer 1574*1574 from a suspect upon arrival at a medical facility. There is no reason an officer should be in a worse position, simply because he sought a warrant prior to his arrival at the hospital. dui lawyer san bernardino 

B dui lawyer san bernardino 

The Court resists the foregoing, contending that the question presented  drunk driving lawyer somehow inhibits such a focused analysis in this case. See ante, at 1567-1568. It does not. The question presented is whether a warrantless blood draw is permissible under the Fourth Amendment "based upon the natural dissipation of alcohol in the bloodstream." Pet. for Cert. i. The majority answers "It depends," and so do I. The difference is that the majority offers no additional guidance, merely instructing courts and police officers to consider the totality  drunk driving lawyer of the circumstances. I believe more meaningful guidance can be provided about how to handle the typical cases, and nothing about the question presented prohibits affording that guidance. dui lawyer san bernardino 

A plurality of the Court also expresses concern that my approach will discourage state and local efforts to expedite the warrant application process. See ante, at 1563. That is not plausible: Police and prosecutors need warrants drunk driving lawyer  in a wide variety of situations, and often need them quickly. They certainly would not prefer a slower process, just because that might obviate the need to ask for a warrant in the occasional drunk driving case in which a blood draw is necessary. The plurality's suggestion also overlooks the interest of law enforcement in the protection a warrant provides. duilawyer san bernardino 

The Court is correct when it says that every case must be considered on its  drunk driving lawyer particular facts. But the pertinent facts in drunk driving cases are often the same, and the police should know how to act in recurring factual situations. Simply put, when a drunk driving suspect fails field sobriety tests and refuses a breathalyzer, whether a warrant is required for a blood draw should  drunk driving lawyer come down to whether there is time to secure one.
 dui lawyer san bernardino 
Schmerber itself provides support for such an analysis. The dui lawyer  Court there made much of the fact that "there was no time to seek out a magistrate and secure a warrant." 384 U.S., at 771, 86 S.Ct. 1826. It did so in an era when cell phones and e-mail were unknown. It follows quite naturally that if cell phones and e-mail mean that there is time to contact a magistrate and secure a warrant, that must be done. At the same time, there is no need to jettison the well-established exception for the imminent destruction of drunk driving lawyer  evidence, when the officers are in a position to do something about it. dui lawyer san bernardino 

* * *

Because the Missouri courts did not apply the rule I describe above, and because this Court should not do so in the first instance, I would vacate and remand for further proceedings in the Missouri courts. dui lawyer san bernardino drunk driving lawyer  

Justice THOMAS, dissenting. dui lawyer san bernardino 

This case requires the Court to decide whether the Fourth Amendment prohibits an officer from obtaining a blood sample without a warrant when there is probable cause to believe that a suspect has been driving dui lawyer  under the influence of alcohol. Because the body's natural metabolization of alcohol inevitably destroys evidence of the crime, it constitutes an exigent  drunk driving lawyer circumstance. As a result, I would hold that a warrantless blood draw does not violate the Fourth Amendment. dui lawyer san bernardino 

I

A

The Fourth Amendment states that "[t]he right of the people to be secure in 1575*1575their persons ... against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable  dui lawyer cause." Before a search occurs, "a warrant must generally be secured," Kentucky v. King, 563 U.S. ___, ___, 131 S.Ct. 1849, 1856,  drunk driving lawyer 179 L.Ed.2d 865 (2011), but "this presumption may be overcome in some circumstances because `[t]he ultimate touchstone of the Fourth Amendment is "reasonableness."'" Ibid. (quoting Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006); alteration in original). dui lawyer san bernardino 

The presence of "exigent circumstances" is one such exception to the warrant requirement. Exigency applies when "`the needs of law enforcement [are] so compelling that [a] warrantless search is objectively reasonable dui lawyer  under the Fourth Amendment.'" 563 U.S., at ___, 131 S.Ct., at 1856 (quoting Mincey v. Arizona, 437 U.S. 385, 394, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978); second alteration in original). Thus, when exigent circumstances are present, officers may take actions that would typically require a warrant, such as entering a home in hot pursuit of a fleeing suspect. 563 U.S., at ___, 131 S.Ct., at 1856-1857. As relevant in this case, officers may also conduct a warrantless search when they have probable cause to believe that failure to act would result in "`imminent destruction of drunk driving lawyer  evidence.'" Ibid. (quoting Brigham City, supra, at 403, 126 S.Ct. 1943). dui lawyer san bernardino 

B

Once police arrest a suspect for drunk driving, each passing minute eliminates probative evidence of the crime. The human liver eliminates alcohol from the bloodstream at a rate of approximately 0.015 percent to 0.020 percent per hour,ante, at 1560, with some heavy drinkers as high as 0.022 percent per hour, Brief for Petitioner 21 (citing medical studies), depending on, among other things, a person's sex, weight, body type, and drinking history. Ante, at 1560-1561; Brief for United States as Amicus Curiae 23. The Court drunk driving lawyer  dui lawyer  has acknowledged this fact sinceSchmerber v. California, 384 U.S. 757, 770, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966)("We are told that the percentage of alcohol in the blood begins to diminish shortly after drinking stops, as the body functions to eliminate it from the system"). In that case, the Court recognized that destruction of evidence is inherent in drunk-driving cases and held that an officer investigating a drunk-driving crime "might reasonably  drunk driving lawyer [believe] that he [is] confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threaten[s] `the destruction of evidence.'" Ibid. (quoting Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964)). The Court explained that drawing a person's blood is "a highly effective means of determining the degree to which [he] is under the influence of alcohol" and is a reasonable procedure because blood tests are "commonplace" and "involv[e] virtually no risk, trauma, or pain."[1] 384 U.S., at 771, 86 S.Ct. 1826. The Court, therefore, held that dissipation of alcohol in dui lawyer  the blood constitutes an exigency that allows a blood draw without a warrant.

The rapid destruction of evidence acknowledged by the parties, the majority, andSchmerber's exigency determination 1576*1576 occurs in every situation where police have probable cause to arrest a drunk driver. In turn, that destruction of evidence implicates the exigent-circumstances doctrine. See Cupp v. Murphy, 412 U.S. 291, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973). drunk driving lawyer  In dui lawyer  Cupp, officers questioning a murder suspect observed a spot on the suspect's finger that they believed might be dried blood. Id., at 292, 93 S.Ct. 2000. After the suspect began making obvious efforts to remove the spots from his hands, the officers took samples without obtaining either his consent or a warrant. Id., at 296, 93 S.Ct. 2000. Following a Fourth Amendment challenge to this search, the Court held that the "ready destructibility of the  drunk driving lawyer evidence" and the suspect's observed efforts to destroy it "justified the police in subjecting him to the very limited search necessary to preserve the highly evanescent evidence they found under his fingernails." Ibid. dui lawyer san bernardino 

In this case, a similar exigency is present. Just as the suspect's  dui lawyer efforts to destroy "highly evanescent evidence" gave rise to the exigency in Cupp, the natural metabolization of blood alcohol concentration (BAC) creates an exigency once police have probable cause to believe the driver is drunk. It naturally follows that police may conduct a search in these circumstances. dui lawyer san bernardino 

A hypothetical involving classic exigent circumstances further illustrates the point. Officers are watching a warehouse and observe a worker carrying bundles from the warehouse to a large bonfire and throwing them into  drunk driving lawyer the blaze. The officers have probable cause to believe the bundles contain marijuana. Because there is only one person carrying the bundles, the officers believe it will take hours to completely destroy the drugs. During that time the officers likely could obtain a warrant. But it is clear that the officers need not sit idly by and watch the destruction of evidence while they wait for a warrant. The fact that it will take time for the evidence to be destroyed and that some evidence may remain by the time the officers secure a warrant are not relevant to the exigency. However, the ever-diminishing quantity of  drunk driving lawyer drugs may have an impact on the severity of the crime and the length of the sentence. See, e.g., 21 U.S.C. § 841(b)(1)(D) (lower penalties for less than dui lawyer  50 kilograms of marijuana); United States Sentencing Commission, Guidelines Manual § 2D1.1(c) (Nov.2012) (drug quantity table tying base offense level to drug amounts). Conducting a warrantless search of the warehouse in this situation would be entirely reasonable. dui lawyer san bernardino 

The same obtains in the drunk-driving context. Just because it will take time for the evidence to be completely destroyed does not mean there is no exigency. Congress has conditioned federal highway grants on states' adoption of laws penalizing the operation of a motor vehicle "with a blood alcohol concentration of 0.08 percent or greater." 23 U.S.C. § 163(a). See also 23 C.F.R. § 1225.1 (2012). All 50 States have acceded to this condition. National Highway Traffic Safety Admin. (NHTSA), Alcohol and Highway dui lawyer   drunk driving lawyer Safety: A Review of the State of Knowledge 167 (No. 811374, Mar. 2011) (NHTSA State Review); Mo. Ann. Stat. § 577.012(1)-(2) (West 2011) (establishing Missouri's 0.08 percent BAC standard). Moreover, as of 2005, 32 States and the District of Columbia imposed additional penalties for BAC levels of 0.15 percent or higher. NHTSA State Review 175. Missouri is one such State. See, e.g., Mo. Stat. Ann. §§ 577.010(3)-(4), 577.012(4)-(5)  drunk driving lawyer (suspended sentence unavailable even for first offenders with BAC above 0.15 percent unless they complete drug treatment; mandatory jail time if treatment is not completed). As a result, the level of intoxication 1577*1577 directly bears on enforcement of these laws. Nothing in the Fourth Amendment requires officers to allow evidence essential to enforcement of drunk-driving laws to be destroyed while they wait for a warrant to issue. dui lawyer san bernardino 

II

In today's decision, the Court elides the certainty of evidence destruction in drunk-driving cases and focuses primarily on the time necessary for destruction. In doing so, it turns the exigency inquiry into a question  dui lawyer about the amount of evidentiary destruction police must permit before they may act without a warrant. That inquiry is inconsistent with the actual drunk driving lawyer  exigency at issue: the uncontested destruction of evidence due to metabolization of alcohol. See Part I, supra. Moreover, the Court's facts-and-circumstances analysis will be difficult to administer, a particularly important concern in the Fourth Amendment context. dui lawyer san bernardino 

The Court's judgment reflects nothing more than a vague notion that everything will come out right most of the time so long as the delay is not too lengthy. Ante, at 1562 (justifying delays in part because dui lawyer   drunk driving lawyer "BAC evidence is lost gradually and relatively predictably"); ante, at 1561 (same, quoting Brief for Petitioner 27). But hard percentage lines have meaningful legal consequences in the drunk-driving context. The fact that police will be able to retrieve some evidence before it is all destroyed is simply not relevant to the exigency inquiry. dui lawyer sanbernardino 

The majority believes that, absent special facts and circumstances, some destruction of evidence is acceptable. See ante, at 1561 ("sufficient for our purposes to note that ... significant delay in testing will negatively affect the probative value" (emphasis added)). This belief must rest on the assumption that whatever evidence remains once a warrant is  dui lawyer obtained  drunk driving lawyer will be sufficient to prosecute the suspect. But that assumption is clearly wrong. Suspects' initial levels of intoxication and the time necessary to obtain warranted blood draws will vary widely from case to case. Even a slight delay may significantly affect probative value in borderline cases of suspects who are moderately intoxicated or suspects whose BAC is near a statutory threshold that triggers a more serious offense. Seesupra, at 1576-1577 drunk driving lawyer  (discussing laws penalizing heightened BAC levels). Similarly, the time to obtain a warrant can be expected to vary, and there is no reason to believe it will do so in a predictable fashion. duilawyer san bernardino 

Further, the Court nowhere explains how an officer in the field is to apply the facts-and-circumstances test it adopts. First, officers do not have the facts needed to assess how much time can pass before too  dui lawyer drunk driving lawyer  little evidence remains. They will never know how intoxicated a suspect is at the time of arrest. Otherwise, there would be no need for testing. Second, they will not know how long it will take to roust a magistrate from his bed, reach the hospital, or obtain a blood sample once there. As the Minnesota  drunk driving lawyer Supreme Court recognized in rejecting arguments like those adopted by the Court today:

"[T]he officer has no control over how long it would take to travel to a judge or the judge's availability. The officer also may not know the time of the suspect's last drink, the amount of alcohol consumed, or the rate at which the suspect will metabolize alcohol. Finally, an officer cannot know how long it will take to obtain the blood sample once the suspect is  dui lawyer brought to the hospital. Under a totality of the circumstances test, an officer would be called upon to speculate on each of these considerations and  drunk driving lawyer predict how long the most probative evidence 1578*1578of the defendant's blood-alcohol level would continue to exist before a blood sample was no longer reliable." State v. Shriner, 751 N.W.2d 538, 549 (2008) (footnote omitted).

The Court should not adopt a rule that requires police to guess whether they will be able to obtain a warrant before "too much" evidence is destroyed, for the police lack reliable information concerning the relevant variables.[2] dui lawyer san bernardino 

This case demonstrates the uncertainty officers face with regard to the delay caused by obtaining a warrant. The arresting officer clearly had probable cause to believe respondent was drunk, but there was no way for the  drunk driving lawyer officer to quantify the level of intoxication to determine how quickly he needed to act in order to obtain probative evidence. Another officer testified at respondent's trial that it typically took 1½; to 2 hours to obtain a drunk-driving warrant at night in Cape Girardeau County, Missouri. See App. 53-54.  dui lawyer Respondent submitted an exhibit summarizing six late afternoon and nighttime drunk-driving search warrants that suggests the time may be shorter.  drunk driving lawyer Brief for Respondent 56; App. 70. Ultimately this factual tiff is beside the point; the spotty evidence regarding timing itself illustrates the fact that delays in obtaining warrants are unpredictable and potentially lengthy. A rule that requires officers (and ultimately courts) to balance transportation delays, hospital availability, and access to magistrates is not a workable rule for cases where natural processes inevitably destroy the evidence with every passing minute. dui lawyer san bernardino 

The availability of telephonic warrant applications is not an answer to this conundrum. See ante, at 1561-1563, and n. 4. For one thing, Missouri still requires written warrant applications and affidavits, Mo. Ann. Stat. §§ 542.276.2(1), 542.276.2.3 (West Supp.2012), rendering the Court's 50-State survey irrelevant to the actual disposition of this case. Ante,  dui lawyer at drunk driving lawyer  1555, n. 4. But even if telephonic applications were available in Missouri, the same difficulties would arise. As the majority correctly recognizes, "[w]arrants inevitably take some time for police officers or prosecutors to complete and for magistrate judges to review." Ante, at 1562. During that time, evidence is destroyed, and police who have probable cause to believe a crime has been committed should not have to guess how long it will take to  drunk driving lawyer secure a warrant. dui lawyer san bernardino 

* * *

For the foregoing reasons, I respectfully dissent. dui lawyer san bernardino 

[1] As a result of his two prior drunk-driving convictions, McNeely was charged with a class D felony under Missouri law, which carries a maximum imprisonment term of four years. See Mo. Ann. Stat. §§ 558.011, 577.023.1(5), 577.023.3 (West 2011). dui lawyer san bernardino 

[2] Compare 358 S.W.3d 65 (2012) (case below), State v. Johnson, 744 N.W.2d 340 (Iowa 2008)(same conclusion), and State v. Rodriguez, 2007 UT 15, 156 P.3d 771 (same), with State v. Shriner,751  dui lawyer N.W.2d 538 (Minn.2008) (holding that the natural dissipation of blood-alcohol evidence alone constitutes a per se exigency), State v. Bohling, 173 Wis.2d 529, drunk driving lawyer  494 N.W.2d 399 (1993) (same); State v. Woolery, 116 Idaho 368, 775 P.2d 1210 (1989) (same).

[3] We have recognized a limited class of traditional exceptions to the warrant requirement that apply categorically and thus do not require an assessment of whether the policy justifications underlying the exception, which may include exigency-based considerations, are implicated in a particular case. See,e.g., California v. Acevedo, 500 U.S. 565, dui lawyer  569-570, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991) (auto-mobile exception); United States v. Robinson, 414 U.S. 218, 224-235, 94 S.Ct. 467, 38 L.Ed.2d 427 drunk driving lawyer  (1973) (searches of a person incident to a lawful arrest). By contrast, the general exigency exception, which asks whether an emergency existed that justified a warrantless search, naturally calls for a case-specific inquiry. dui lawyer san bernardino 

[4] See Ala. Rule Crim. Proc. 3.8(b) (2012-2013); Alaska Stat. § 12.35.015 (2012); Ariz. Rev.Stat. Ann. §§ 13-3914(C), 13-3915(D), (E) (West 2010); Ark.Code Ann. § 16-82-201 (2005); Cal.Penal Code Ann. § 1526(b) (West 2011); Colo. Rule Crim. Proc. 41(c)(3) (2012); Ga.Code Ann. § 17-5-21.1 (2008); Haw. Rules Penal Proc. 41(h)-(i) (2013); Idaho Code §§ 19-4404, 19-4406 (Lexis 2004); Ind. Code § 35-33-5-8 (2012); Iowa Code §§ 321J.10(3), 462A.14D(3) (2009) (limited to specific circumstances involving  drunk driving lawyer accidents); Kan. Stat. Ann. §§ 22-2502(a), 22-2504 (2011 Cum.Supp.); La.Code Crim. Proc. Ann., Arts. 162.1(B), (D) (West 2003); Mich. Comp. Laws Ann. § 780.651(2)-(6) (West 2006); Minn. Rules Crim. Proc. 33.05, 36.01-36.08 (2010 and Supp.2013); Mont.Code Ann. §§ 46-5-221, 46-5-222 (2012); Neb.Rev.Stat. §§ 29-814.01, 29-814.03, 29-814.05 (2008); Nev. Rev.Stat. § 179.045(2), (4) (2011); N.H.Rev. Stat. Ann. § 595-A:4-a (Lexis Supp.2012);  drunk driving lawyer N.J. Rule Crim. Proc. 3:5-3(b) (2013); N.M. Rules Crim. Proc. 5-211(F)(3), (G)(3) (Supp. 2012); N.Y.Crim. Proc. Law Ann. §§ 690.35(1), dui lawyer 690.36(1), 690.40(3), 690.45(1), (2) (West 2009); N.C. Gen.Stat. Ann. § 15A-245(a)(3) (Lexis 2011); N.D. Rules Crim. Proc. 41(c)(2)-(3) (2012-2013);  drunk driving lawyer Ohio Rules Crim. Proc. 41(C)(1)-(2) (2011); Okla. Stat. Ann., Tit. 22, §§ 1223.1, 1225(B) (West 2011); Ore.Rev.Stat. § 133.545(5)-(6) (2011); Pa. Rules Crim. Proc. 203(A), (C) (2012); S.D. Codified Laws §§ 23A-35-4.2, 23A-35-5, 23A-35-6 (2004); Utah Rule Crim. Proc. 40(l) (2012); Vt. Rules Crim. Proc.  drunk driving lawyer 41(c)(4), (g)(2) (Supp.2012); Va.Code Ann. § 19.2-54 (Lexis Supp.2012); Wash.Super. Ct.Crim. Rule 2.3(c) (2002); Wis. Stat. § 968.12(3) (2007-2008); Wyo. Stat. Ann. § 31-6-102(d) (2011); see generally 2 W. LaFave, Search and Seizure § 4.3(b), pp. 511-516, and n. 29 (4th ed.2004) (describing oral search drunk driving lawyer  warrants and collecting state laws). Missouri requires that search warrants be in writing and does not permit oral testimony, thus excluding telephonic warrants. Mo. Ann. Stat. §§ 542.276.2(1), 542.276.3 (West Supp.2012). State law does permit the submission of warrant applications "by facsimile or  drunk driving lawyer other electronic means." § 542.276.3. dui lawyer san bernardino 

[5] During the suppression hearing in this case, McNeely entered into evidence a search-warrant form used in drunk-driving cases by the prosecutor's office in Cape Girardeau County,  dui lawyer where the arrest  drunk driving lawyer took place. App. 61-69. The arresting officer acknowledged that he had used such forms in the past and that they were "readily available." Id., at 41-42. dui lawyer san bernardino 

[6] The dissent claims that a "50-state survey [is] irrelevant to the actual disposition of this case" because Missouri requires written warrant applications. Post, at 1578. But the per se exigency rule that the drunk driving lawyer  State seeks and the dissent embraces would apply nationally because it treats "the body's natural metabolization of alcohol" as a sufficient basis  drunk driving lawyer dui lawyer  for a warrantless search everywhere and always. Post,at 1574. The technological innovations in warrant procedures that many States have  drunk driving lawyer adopted are accordingly relevant to show that the per se rule is overbroad.

[7] The dissent contends that officers in the field will be  drunk driving lawyer unable to apply the traditional totality of the circumstances test in this context because they will not know all of the relevant facts at the time of an arrest. See post, at 1577. But because "[t]he police are presumably familiar with the mechanics and time involved in the warrant process in their particular jurisdiction, drunk driving lawyer  dui lawyer " post, at 1573 (opinion of ROBERTS, C.J.), we expect that officers can make reasonable judgments about whether the warrant process would produce unacceptable delay under the circumstances. Reviewing courts in turn should assess those judgments "`from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.'" Ryburn v. Huff, 565 U.S. ___, ___, 132 S.Ct. 987, 992, 181 L.Ed.2d 966 (2012) drunk driving lawyer  (per curiam). dui lawyersan bernardino 

[8] Pursuant to congressional directive, the NHTSA conditions federal highway grants on States' adoption of laws making it a per se offense to operate a motor vehicle with a BAC of 0.08 percent or greater.  drunk driving lawyer See 23  dui lawyer U.S.C. § 163(a); 23 C.F.R. § 1225.1 (2012). Several federal prohibitions on drunk driving also rely on the 0.08 percent standard. E.g.,  drunk driving lawyer 32 C.F.R. §§ 234.17(c)(1)(ii), 1903.4(b)(1)(i)-(ii); 36 C.F.R. § 4.23(a)(2). In addition, 32 States and the District of Columbia have adopted laws that impose  drunk driving lawyer heightened penalties for operating a motor vehicle at or above a BAC of 0.15 percent. See NHTSA Review 175.

[9] See Ala.Code § 32-5-192(c) (2010); Alaska Stat.  drunk driving lawyer §§ 28.35.032(a), 28.35.035(a) (2012); Ariz.Rev.Stat. Ann. § 28-1321(D)(1) (West 2012); Ark.Code Ann. §§ 5-65-205(a)(1), 5-65-208(a)(1) (Supp.2011); Conn. Gen.Stat. §§ 14-227b(b), 14-227c(b) (2011); Fla. Stat. Ann. § 316.1933(1)(a) (West 2006); Ga.Code Ann. § 40-5-67.1(d), (d.1) (2011); Haw.Rev. drunk driving lawyer  Stat. § 291E-15 (2009 Cum.Supp.), §§ 291E-21(a), 291E-33 (2007), § 291E-65 (2009 Cum.Supp.); Iowa Code §§ 321J.9(1), 321J.10(1), 321J.10A(1) (2009); Kan. Stat. Ann. § 8-1001(b), (d) (2001); Ky.Rev.Stat. Ann. § 189A.105(2) (Lexis Supp.2012); La. Rev.Stat. Ann. § 32:666.A(1)(a)(i), (2) (Supp. 2013); Md. Transp. Code Ann. § 16-205.1(b)(i)(1), (c)(1) (Lexis 2012); Mass. Gen. Laws Ann., ch. 90, § 24(1)(e), (f)(1) (West 2012); Mich. Comp. Laws Ann.  drunk driving lawyer § 257.625d(1) (West 2006); Miss.Code Ann. § 63-11-21 (1973-2004); Mont.Code Ann. § 61-8-402(4), (5) (2011); Neb.Rev.Stat. § 60-498.01(2) (2012 Cum.Supp.), § 60-6,210 (2010); N.H.Rev.Stat. Ann. §§ 265-A:14(I), 265-A:16 (West 2012 Cum.Supp.); N.M. Stat. Ann. § 66-8-111(A) (LexisNexis 2009); N.Y. Veh.  dui lawyer & Traf. Law Ann. §§ 1194(2)(b)(1), 1194(3) (West 2011); N.D. Cent.Code Ann. § 39-20-01.1(1) (Lexis Supp.2011), § 39-20-04(1) (Lexis 2008); Okla. Stat., Tit. 47, § 753 (West Supp.2013); Ore.Rev.Stat. § 813.100(2) (2011); 75 Pa. Cons.Stat. § 1547(b)(1) (2004); R.I. Gen. Laws §§ 31-27-2.1 dui lawyer (b), 31-27-2.9(a) (Lexis 2010); S.C.Code Ann. § 56-5-2950(B) (Supp.2011); Tenn.Code Ann. § 55-10-406(a)(4), (f) (2012); Tex. Transp. Code Ann. §§ 724.012(b), 724.013 (West 2011); Vt. Stat. Ann., Tit. 23, § 1202(b), (f) (2007); Wash. Rev.Code § 46.20.308(2)-(3), (5) (2012); W. Va.Code Ann. § 17C-5-7 (Lexis Supp.2012); Wyo. Stat. Ann. § 31-6-102(d) (Lexis 2011).

[10] See Ariz.Rev.Stat. Ann. § 28-1321(D)(1) (West 2012); Ga.Code Ann. § 40-5-67.1(d), (d.1) (2011); Ky.Rev.Stat. Ann. § 189A.105(2)(b) (Lexis Supp.2012); Mich. Comp. Laws Ann. § 257.625d(1) (West 2006); Mont.Code Ann. § 61-8-402(5) (2011); N.M. Stat. Ann. § 66-8-111(A) (LexisNexis 2009); N.Y. Veh. & Traf. Law Ann. §§ 1194(2)(b)(1), 1194(3) (West 2011);  dui lawyer Ore.Rev.Stat. 813.320(2)(b) (2011); R.I. Gen. Laws § 31-27-2.9(a) (Lexis 2010); Tenn.Code Ann. § 55-10-406(a)(4) (2012); Vt. Stat. Ann., Tit. 23, § 1202(f) (2007);  drunk driving lawyer Wash. Rev.Code § 46.20.308(1) (2012); W. Va.Code Ann. § 17C-5-7 (Supp.2012) (as interpreted in State v. Stone, 229 W.Va.  drunk driving lawyer 271, ___, 728 S.E.2d 155, 167-168 (2012)); Wyo. Stat. Ann. § 31-6-102(d) (2011); see also State v. Harris, 763 N.W.2d 269, 273-274 (Iowa 2009) (per curiam)(recognizing that Iowa law imposes a warrant requirement subject to a limited case-specific exigency exception). dui lawyer san bernardino 

[11] No findings were made by the trial court concerning how long a warrant would likely have taken to issue under the circumstances. The minimal evidence presented on this point was not uniform. A second patrol dui lawyer  officer testified that in a typical DWI case, it takes between 90 minutes and 2 hours to obtain a search warrant following an arrest. App. 53-54. McNeely, however, also introduced an exhibit documenting six recent search warrant applications for blood testing in Cape Girardeau County  drunk driving lawyer that had shorter processing times. Id., at 70. dui lawyer san bernardino 

[1] And that second-best evidence may prove useless. When drunk driving lawyer  experts have worked backwards to identify a defendant's BAC at the time he was driving, defense attorneys have objected to that evidence, courts have at times rejected it, and juries may be suspicious of it. See, e.g., 1 D. Nichols & F. Whited, Drinking/Driving Litigation § 2:9, pp. 2-130 to 2-137 (2d ed.2006)  dui lawyer (noting counsel objections to such evidence); State v. Eighth Judicial District Court, 127 Nev. ___, 267 P.3d 777 (2011) (affirming rejection of such evidence); L. Taylor & S. Oberman, Drunk Driving Defense § 6.03 (7th ed.2010) (describing ways to undermine such evidence before  drunk driving lawyer a jury). dui lawyer san bernardino 

[2] This case involves medical personnel drawing blood at a medical facility, not police officers doing so by the side of the road. See Schmerber v. California, 384 U.S. 757, 771-772, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966) ("Petitioner's blood was taken by a physician in a hospital environment according to accepted medical practices. We are thus not presented  drunk driving lawyer with the serious questions which would arise if a search involving use of a medical technique, even of the most rudimentary sort, were made by  dui lawyer other than medical personnel or in other than a medical environment — for example, if it were administered by police in the privacy of the stationhouse"); Brief for Respondent 53, and n. 21 (describing roadside blood draws in Arizona). A plurality of the Court suggests that my approach could make roadside blood draws a more attractive option for police, but such a procedure would pose practical difficulties and, as the Court noted in Schmerber,  drunk driving lawyer would raise additional and serious Fourth Amendment concerns. Seeante, at 1563-1564. dui lawyer 

[1] Neither party has challenged this determination, drunk driving lawyer  which this Court has reaffirmed several times. See,e.g., Skinner v. Railway Labor Executives' Assn., 489 U.S. 602, 625, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989); Winston v. Lee, 470 U.S. 753, 761-763, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985).

[2] Because the Court's position is likely to result in delay in obtaining BAC evidence, it also increases the likelihood that prosecutors will be forced to estimate the amount of alcohol in a defendant's bloodstream using BAC numbers obtained hours later. In practice, this backwards extrapolation is likely to devolve into a battle of the experts, as each side seeks to show that stale evidence supports its position. There is no need for this outcome. Police facing inevitable destruction situations need not forgo collecting the most accurate available evidence simply because they might be able to use an expert witness and less persuasive evidence to approximate what they lost. dui lawyer san bernardino    drunk driving lawyer  drunk driving lawyer 



San Bernardino Sheriff

San Benardino County

California DMV

DUI License Take Away

San Bernardino District Attorney

San Bernardino Public Defender

Arrested for Driving Under Influence

Arrested for DUI













WHAT TYPE OF GOOD PEOPLE HAVE RELIED ON MY DUI SKILLS IN THE PAST?




I have represented:




Medical Doctors


Lawyers


Police Officers


Nurses


Truck Drivers


Phlebotomists


Ph.D Professors


Real Estate Agents

Hard working men & women


Business Executives





"when your job is on the line - Call Mr. Silva" 





      HOW TO CHALLENGE A DUI 




1.   Improper Reason to Stop You

2.   Faulty Check Point

3.   Cop Did Not Know How to Give FST's 

4.   Cop Did Not Tell You Your Right to                 Refuse the Road Side Breath Machine

5.   Cop Did Not Give You Choice of Blood 

      or Breath 

6.   Road Side Breath Machine was Not 

      Accuracy Checked Per Title 17

7.   Cop Did Not Observe You for 15 Minutes

      Before You Blew into the Machine at 

      Station

8.   Cop Did Not Offer You a Blood Test 

      After You Completed the Breath Test

9.   Improper Collection Technique of Blood

10. Improper Storage of the Blood

11. Improper Testing of the Blood

12. Blood Machine Improper Calibrated

13. Auto Sampler Not Calibrated

14. Fermentation of Blood

15. Improper Storage of Blood Vial prior to


      Blood Collection 







(I RECEIVED THIS EMAIL FROM ANOTHER ATTORNEY) 





Hi Patrick -

 

I made friends with the court reporter during my trial and we got to talking about DUIs. She has reported a lot of DUI cases. I asked her who, in her opinion, were some of the best DUI defense attorneys she has seen try DUI cases, and she said PATRICK SILVA!  Thought you might like to know this! Great job on your trial!

 

Erica


CASE RESULT:   .20 BAC with auto accident - Beat the DMV - case DISMISSED at court


I AM APPROVED BY THE STATE BAR OF CALIFORNIA TO TEACH OTHER LAWYERS CERTAIN ASPECTS OF SPOTTING PROBLEMS IN THE BLOOD TESTING PROCEDURE. 


909-888-7992


*   15 Years of Top Level DUI Experience


*   I Teach other Lawyers DUI Defense


*   I am one of the BEST DUI Lawyers in So. Cal. 


*   Well Known & Respected in the San Bernardino Courts. 


WHAT TYPE OF CASES HAVE I HANDLED? 





*  DUI murder


*  DUI felony


*  DUI felony with  (child endangerment)


*  DUI 4th time


*  DUI 3rd time


*  DUI 2nd time


*  DUI 1st time 


 I am competitive by nature, I love to win, and I strive to do my very best on each case 





Mr. Silva started representing those accused of DUI for nearly 14 years. We like to say we represent the "falsely" accused. As a DUI lawyer who focuses drunk driving defenses he knows the DUI facts and how to dispel the Drunk Driving Myths. He is a member of the CALIFORNIA DUI LAWYERS ASSOCIATION which is a close knit membership of DUI Attorneys whose main goal is the representation of those accused of DUI. Patrick J. Silva is also a member of NATIONAL COLLEGE FOR DUI DEFENSE which is compromised of the "best" dui attorneys in the nation.http://www.ranchocucamongaduilawyers.com





Hire a DUI Lawyer from the Best DUI Law Firm and get the DUI facts about the Drunk Driving Myths. Attorney Patrick J. Silva has focused his law practice defending those who have been accused of driving under the influence. We represent good folks both in the criminal court system and in the DMV proceedings. Mr. Silva is certified in Standardize Field Sobriety Tests (SFST). He has completed 24 hours of intense training under the guidelines set forth by the National Highway Traffic Safety Administration (NHTSA). It is "only" with this specialized training that allows an attorney to effectively cross examine a police officer on the stand about how he "screwed" up when he was giving you the test. 





Hire a DUI lawyer from the best DUI law firm and get the dui facts about the drunk driving myths. A quick story, the other day I was in a DMV hearing and I was cross examining the officer. Some of the highlights made me almost laugh outload. The officer could not identify the 3 SFST. As you read this you probably already know that they are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and the One Leg Stand (OLS). As we went through the cross examination the officer could not identify the 3 validating clues in the HGN, he did not know how many clues were needed to believe that my client might have been over a .08. The Officer did not know the 8 clues associated with the WAT, in fact he made up other clues as he went along. I did finally start to smurk as he failed to understand the OLS or the 4 clues associated with that test. Hire a DUI lawyer from the best dui law firm and get the dui facts about the drunk driving myths. What was really funny was that 2 weeks after the officer arrested my client he went to a SFST class. This was when my cross really got interesting. As we went through his failures in giving the SFST he had to agree that he gave the SFST wrong on several, several occasions. I also have over 15 hours of training on the Datamaster DMTbreath machine. I am the owner of the Alcosensor IV PAS breath machine which is the most widely used roadside breath tester in So. Cal.





We are a nationally-recognized firm lead by a highly experienced DUI lawyer. We are not former prosecutors and am proud to say we never sought to prosecute somebody just to receive a paycheck. The Law Offices of Patrick J.Silva serves clients from offices in Los Angeles, Orange County, Riverside,San Bernardino and San Diego. , We are supported by a former law enforcement officer who conducts our in-field interviews, and a former California DMV license suspension hearing officer. We specialize in representing those clients charged with misdemeanor or felony drunk driving (driving under the influence of alcohol or driving under the influence of marijuana or drugs) and the associated DMV license suspension. 





Nationally-known and recognized by other dui attorneys across the United States, Mr. Silva is a Western State University College of Law School graduate and is on the Board of Directors of a multi-million dollar corporation. Mr. Silva is active in teaching other lawyers this highly specialized field of DUI defense. Mr. Silva teaches other lawyers blood alcohol science, breath science, field sobriety test, legal motion writing, and trial defense. . His is a member of the California DUI Lawyers Association and the National College for DUI Defense. 


DUI Audio Lectures 
by Blood Fermentation
Length 2:27
2:26

GET YOUR LICENSE BACK ASAP!


specializing in dui defense


These are examples of what my hard work has accomplished and not an indications of future results. 




MORE SUCCESS ON A 2ND TIME DUI




Kevin was charged with a 2nd time dui claiming he was under the influence of marijuana while still  on probation for his first dui. We fought the case all the way to trial and at trial readiness the DA dismissed the charges. Kevin ultimately pled to 2 traffic infractions.   This result was due to our ability to fight for our clients and Kevin's willingness and belief in his innocence.  


This is what Kevin had to say:  "Awesome lawyer, got me off the hook;  Mrsilva was fighting for my second dui which I was not going to accept eventually got my case dismissed with a infraction. 
He takes the time to explain the situation for you and will answer your calls anytime you have any questions  I used him because of his high reviews and it was worth it  I highly recommend him if you are in the Southern California area."





3rd Dui in less than ten years BY CLIENT DANIEL N. 

I was charged with a 3rd DUI in ten years, driving on a suspended license, and violation of my summary probation. With a BAC of .14 and two previous DUI's within ten years, in two different counties, attorney Silva not only won my DMV hearing, but then proceeded to reduce a 3rd DUI in ten years charge, in Riverside County, down to a misdemeanor drunk in public with no violation of probation, no jail time, and a fine of 500 dollars. Attorney Silva handled my case with the utmost professionalism and proposed an ambitious plan of attack. Attorney Silva advised that we go straight to trial and that he was confident he could beat this. Taking into account his decade plus years of experience in the field, I put my faith in Attorney Silva's judgment and expertise, and I ponied up for trial. A few weeks before the trial, the DA contacted Attorney Silva and Silva negotiated what we would plead to. If you are willing to step into the arena, Attorney Silva will champion your cause. In summation, Attorney Silva has the gumption and the expertise to secure you the best possible outcome of your case.





Pulled a rabbit out of his hat  BY CLIENT JASMINE 

I was charged with my first DUI and was not thinking about getting an attorney. I had planned on just handling it myself but then I came across Mr. Silva who seemed very helpful. I was almost certain I would get off with a "wet and reckless", but come to find out Mr. Silva got my DUI COMPLETELY dismissed. I couldn't believe the good news I had gotten. I am so grateful for his services, if it wasn't for him I wouldn't have been able to continue my journey to becoming a Registered Nurse. Patrick John Silva pulled a rabbit out of his hat, I don't know how he did it but I am beyond grateful!!





Just very blessed! BY CLIENT MARK M. 

I was facing a 3rd DUI charge, 180 days in jail (at least) and severe fines...after Mr Silva did his due diligence, continuous homework on the entire charges, and realized what was at hand, he made magic happen. Let me back up though, from the beginning he really wanted to know about me, what I did for a living and what the goal was for me. He asked about every aspect of my family and how we could make this better for my entire situation. The desire to truly know what was going on with me and my family made it personal and made me realize he truly wanted the best for me...not because of what I did but because he saw a greater good for what I was doing with my life.
Mr. Silva always showed on my behalf and kept me informed with everything that was going on, and made things clear...he also kept me at ease without every having to worry about a thing! I always felt he was very genuine and did exactly what he said he was...and he had my 3rd DUI charge reduced to my 1st, fines reduced and my jail time reduced by over 100 days! Ultimately, I couldn't be more happier with the outcome of my case and the overall experience with Patrick Silva. I would highly recommend Mr. Silva to anyone needing assistance with a DUI case.





ROMERO G:  was charged with an alleged .11 BAC after he was stopped for having no rear license plate. What made the negotiations even tougher was the fact Romero picked up a 14601 (driving on a suspended license) a few months after his dui.  We aggressively fought the charges and on day of trial we got the dui DISMISSED as well as a DISMISSAL on the 14601 and the only thing he pled guilty to was a traffic infraction for not having a license plate on his car, and this was in a Riverside County Courthouse.


CARLOS Z:  was charged with an alleged .21 dui after he was stopped for squealing his tires while doing a U-turn. We lost the DMV hearing which suspended his COMMERCIAL LICENSE for 1 year.  We filed a motion to suppress challenging the cop's reason for the stop. We were able to resolve the case by having Carlos plead to a wet/reckless BUT we had language in the plea bargain which overturned the dui suspension at the DMV.  Instead of not being able to drive his big rig for a year and losing his job, we were able to get Carlos back in his truck in less than 2 months.





CASE DISMISSED- 2nd time offender

I was facing a DUI charge and a driving on a suspended license charge. Five years previous to these charges I had also been arrested for another DUI. Being a second time offender I had my doubts that I would beat these charges. Mr. Silva was able to answer any questions I had which really helped me get through this depressive situation and my anxiety. If convicted I would have lost my job, yet the DA still was not willing to negotiate any type of deal that would prevent me from losing my job. Mr. Silva really made me confident that we would win even with my record so I decided to put my faith and trust in Patrick Silva and decided we would take my case to trial.
Mr. Silva put a great amount of time and effort studying my case as well as the evidence they had against me. The man knows what he is doing because a week before my trial began the DA called him with a deal I couldn’t believe! Both my DUI charge and my driving on a suspended license charge were dismissed! Instead I was issued a ticket for no front license plate and all other charges were dropped! I was astonished and could not believe when Silva told me the great news! He even reimbursed me the expert fees I had paid in advance in order to retain the forensic toxicologist experts in case we went through trial. Patrick Silva is a very intelligent, honest attorney that you can trust and rely on getting you out of trouble! I highly recommend Patrick Silva!!!!!








As a DUI Lawyers we will help get your license back

Judge said I was one of the best DUI Lawyers he had seen in 30 years. Other lawyers tell me I am one of the best  DUI Lawyers in San Bernardino County. As a DUI Lawyer, my success comes from my ability to put on the BOXING GLOVES and fight for you in the courtroom. In fact, I train other DUI lawyers how to defend their dui cases. One of my proudest moments was when a happy client called me the "Lebron James" of Dui's.  We care about our clients and do everything in our professional powers to WIN our cases.    One of our current results:  3rd time dui reduced to a drunk in public - dui dismissed.  ONLINE REVIEWS





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Dealing with a DUI
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Patrick J. Silva Professional Law Corporation


WHAT OTHER LAWYERS WON'T TELL YOU.





They are not dui specialist

They do not teach other lawyers dui defense

They have never done a dui trial

They have never won a dui trial

They have never won a dui Serna Motion

They have never won a dui Motion to Strike

They have never won a dui Motion to Suppress

They are not NHTSA trained in FST's


They are not trained on the Datamaster DMT breath machine. 


They do not have over 300 dui scientific articles 


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"He's a worker and a fighter and has my respect for what he has done to help me and my family...The Judge, court room staff, and even the DA all showed great respect for him.... Mr. Silva is extremely confident and knowledgeable which made me very relieved to watch him work on my behalf."   TIM B.