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.
Devon Wilson, Marketing, PR