State v. Timothy Adkins (073803)

We granted certification in this matter to address the application of the United States Supreme Court’s decision in Missouri v. McNeely, — U.S.-, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), to a case involving a blood draw, for purposes of determining blood alcohol content (BAC), that took place before the McNeely decision was issued.

Police arrested defendant, Timothy Adkins, on suspicion of drunk driving after his single-vehicle car crash caused injuries to his passengers and he failed field sobriety tests. The police obtained defendant’s BAC test results from a sample, drawn by hospital…