Change in Idaho Law: Warrantless Blood Draws No Longer Valid by Implied Consent

On October 29, 2014, the Idaho Supreme Court held that Idaho’s implied consent statute is not a valid exception to the warrant requirement for blood draws. State v. Wulff. This means that Idaho’s implied consent statute no longer gives police the power to draw your blood without a warrant and therefore Idaho drivers may refuse to submit to blood draws on this basis.

            There are, however, still situations in which a police officer may draw your blood without a warrant. In those cases, determining whether or not a police needs a warrant to draw your blood is assessed case by case and based on the totality of the circumstances. And while the a person’s natural metabolism of alcohol by itself is not recognized as an exception to the warrant requirement, it is a factor that courts consider when determining if a warrantless blood draw is ok.  

            The takeaway from State v. Wulff is that Idaho’s implied consent laws do not give police officers the power to perform forced blood draws without a warrant. It is also still important to note that in some situations warrantless blood draws are still allowed, but those exceptions are determined by considering the circumstances in each case.