A blood draw performed without a warrant was justified by exigent circumstances after the officer attempted to use the police station's Intoxilyzer machine, but it was not functioning correctly.
State v. Arndt, 2016 BL 45450, Me., Sag-15-150, 2/18/16
The deputy attempted four times to use the Intoxilyzer to obtain a blood-alcohol reading from a suspected drunk driver, but the machine was not functioning correctly. Because time was running out, as any alcohol in the blood stream was dissipating, the deputy had a paramedic take a sample of the suspect's blood.
The Maine Supreme Court determined that the deputy's decision was reasonable, and did not go against Missouri vi McNeely, because 90 minutes had passed and he feared that the evidence would be lost because the Intoxilyzer was broken. See Missouri v. McNeely, 133 S.Ct 1552 (2013).
http://www.bloomberglaw.com/public/desktop/document/State_v_Arndt_2016_ME_31_Court_Opinion?1457544612
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