According to an article published by CNN, on Thursday, June 23, the Supreme
Court issued a split ruling on three
drunk driving cases, deciding that while law enforcement requires a breath test after
a person is arrested, a warrant is mandatory to request a blood test in
the same situation. These three cases are referred to as
Birchfield v. North Dakota and occurred from three different arrests where the arrested men were
prosecuted or threatened with prosecution for refusing
breath and blood tests.
The court reached a 5-3 decision, requiring that although officers are
permitted a warrantless breath test, and states are able to require drivers
arrested for intoxication to submit to a breath test, blood tests are
considered too invasive and must, therefore, require a warrant. Justice
Samuel Alito commented on the matter, stating, “Because breath tests
are significantly less intrusive than blood tests and in most cases amply
serve law enforcement interests, we conclude that a breath test, but not
a blood test, may be administered as a search incident to a lawful arrest
for drunk driving.”
In one of the three cases, a man who consented to a blood test after being
threatened with prosecution in North Dakota had his case sent back to
the lower courts after the Supreme court’s ruling. Another man who
was prosecuted in Minnesota after refusing to submit to a blood test had
his conviction upheld. Lastly, the man was who was prosecuted for refusing
to submit to a blood test in North Dakota should have his conviction overturned soon.
Accused of Drunk Driving? Contact Tomeo Sills, LLC.
If you have been arrested for driving under the influence of drugs or alcohol,
we encourage you to get in touch with
a Connecticut DUI defense lawyer at Tomeo Sills, LLC right away. Because we believe every person reserves
the right to retain aggressive legal representation when they are facing
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Discuss your case with a Connecticut DUI defense attorney right away by
calling our firm or
filling out a free consultation form online!