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DUI Enforcement since McNeely

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  • DUI Enforcement since McNeely

    I am a DUI guy. I try to keep up on things and maybe one day make the process more streamlined and defense attorney proof. There has been some thought of ignoring or not using Implied Consent procedures and just going straight to warrants. As of now my Department uses a faxed, fill in the box, warrant with a 24 hour IA judge. Takes about 15-20 minutes to get warrant back. We are tinkering with an e-warrant system which will be done by email? (5-10 minutes)

    It is my experience that DUI cases with warrants for blood generally are less likely to get challenged in court.

    Are there other jurisdictions/agencies that do this or are considering this?
    Well first, life dealt you a bad hand, then you decided to double down.

  • #2
    We have a e blood search warrant in Delaware thats tied into the dui report and its pretty fool proof. Worst part is waiting for the judge to approve the warrant then call out the phlebotomy tech.

    Sent from my DROID RAZR HD using Tapatalk

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    • #3
      We do not use any type of E-Warrant. We currently are on hold with our implied consent draws and if suspect refuses, do a warrant. Luckily, we have an available judge and we have a good relationship with our hospital.
      "Do not be deceived:Bad company corrupts good morals."
      1 Corinthians 15:

      You are the weapon, everything else is just a tool

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      • #4
        I've arrested about 60ish DUIs in the last year or so.

        I had one chemical test refusal just after McNeely, who just went without a chemical test after Admin Per Se chemical test admonition refusal. We did not have a procedure and the DA's Office did not even know what they would do. They ended up going after that chick harder than anyone I've seen before and she ended up pleading out, with a private attorney. She was a good one too, combo Rx/meth.

        After that, I had one lady who refused and I got a warrant for her blood. She came back as a ~0.35% BAC like 4 hours after the stop.

        Our Judges basically told the DA's Office that them being unavailable to sign the warrant would be enough exigency to force a blood draw, if the officer can articulate it in their report.

        McNeely doesn't require a search warrant. McNeely requires that an officer articulate their exigency for drawing blood. Short staffing,
        no judge available, etc are all contributing factors.

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        • #5
          I am not in favor of imposing things on ourselves that are not necessary

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