CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, June 23, 2016

Opinion permitting warrantless breath tests but not blood tests incident to DUI arrest

Justice Alito delivered the opinion for the Court in Birchfield v. North Dakota, which also precludes criminalizing the refusal to take the blood test or inducing compliance through the threat of criminal prosecution. Justice Sotomayor, joined by Justice Ginsburg, concurred in part and dissented in part. Justice Thomas concurred in part in the judgment and dissented in part.

https://lawprofessors.typepad.com/crimprof_blog/2016/06/opinion-permitting-warrantless-breath-tests-but-not-blood-tests-incident-to-dui-arrest.html

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