The Supreme Court will hear a case on Wednesday about a Missouri man who says his constitutional rights were violated when he was pulled over after drinking beer at a bar called Slinger's and forced to take a blood test without a warrant.
The man, Tyler G. McNeely, was stopped in October of 2010 by Corporal Mark Winder of the Missouri State Highway Patrol for speeding. Winder immediately noticed signs of intoxication including blood shot eyes, slurred speech and a strong odor of alcohol.
McNeely admitted that he had consumed beer, but he would not consent to an alcohol breath test or a blood test after he was arrested for driving while intoxicated.
Winder , without getting a warrant, decided to take McNeely to the hospital for a blood test to secure evidence of intoxication.