Thursday, December 17, 2015
S.Ct. to hear case on criminalizing refusal to take breath test
The U.S. Supreme Court had decided to hear a case "to decide whether states can make it a crime for motorists suspected of drunken driving to refuse breath, blood or urine tests. Thirteen states have such laws.
The court took up the question in three cases: one from Minnesota and two from North Dakota, which were consolidated for a single argument.
In 2013, in Missouri v. McNeely, the Supreme Court ruled that the police investigating a drunken-driving incident must generally obtain warrants before drawing blood without consent.
The state laws get around that ruling by making refusal to consent to testing a separate crime. State officials justify those laws in part on the ground that drivers have given their consent to be tested as a condition of being permitted to drive.
The defendants in the new cases say the laws violate the Fourth Amendment’s ban on unreasonable searches and seizures."
IMHO, these laws violate the Fourth Amendment and due process.