People v. Harris

Opinion

McKINSTER, Acting P. J.

I

INTRODUCTION

In Missouri v. McNeely (2013) 569 U.S._[185 L.Ed.2d 696, 133 S.Ct. 1552] (McNeely), the United States Supreme Court held that, before the police may conduct a nonconsensual blood test of a motorist who is arrested on suspicion of driving under the influence (DUI) of alcohol, the police must either obtain a warrant from a detached magistrate or later show that exigent circumstances prevented them from timely obtaining a warrant. (569 U.S. at p. _ [133 S.Ct. at p. 1563].) The high court also held that the natural dissipation of alcohol in a driver’s…