A Cape Girardeau drunk driving case is going all the way to the U.S. Supreme Court.
The court will decide if police can give a blood test without a warrant.
After Tyler McNeely failed a field sobriety check and refused the breath test, a Missouri State Highway Patrol Officer took him to hospital where he had a blood test.
The American Civil Liberties Union of Eastern Missouri represents McNeely. Legal director Tony Rothert says the officer infringed upon McNeely’s fourth amendment protection from unreasonable search by drawing his blood without a warrant.