WASHINGTON | Tue Sep 25, 2012 9:57am EDT
WASHINGTON (Reuters) - The U.S. Supreme Court agreed on Tuesday to consider whether authorities may without a warrant or consent draw blood to test a suspected drunken driver's sobriety before any alcohol dissipates in the bloodstream.
Tyler McNeely had been pulled over for speeding just after 2 a.m. on October 3, 2010, by a Missouri highway patrolman, who then took him to a nearby hospital. A technician measured McNeely's blood-alcohol content at 0.154 percent, nearly twice the legal limit, roughly 25 minutes after he had been pulled over.
The Missouri Supreme Court upheld a lower court's suppression of the blood sample, finding that there were no "special facts" or "exigent circumstances" to justify obtaining it.
(Reporting by Terry Baynes and Jonathan Stempel; Editing by Howard Goller and Doina Chiacu)
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