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"The U.S. Supreme Court recently decided the case of Missouri v. McNeely. In McNeely, a majority of the Court rejected the idea of a “per se” exigent circumstances exception to the warrant requirement for blood tests in drunk-driving cases. That is, the Court held that police may not automatically order a blood test on someone whom they have lawfully arrested for DWI (driving while intoxicated) but must instead seek a warrant, absent a reason to skip the warrant—a reason that goes beyond the simple fact that blood-alcohol-concentration diminishes with the passage of time."
They are likely using the failed field sobriety test as probable cause for the blood test records. However, you can probably fight that by saying that there was not probable cause of the field sobriety test and it was done illegally. Therefore, all evidence resulting from the unlawful actions are "fruit of the poisonous tree."
If your daughter is being charged with DUI, I strongly urge you to contact a local attorney to assist you with the case.
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