Many people are all too familiar with the steps taken by police when one is pulled over for Drinking Under the Influence (DUI). A U.S. Supreme Court issued an opinion of 6-2 last Thursday, the 23 rd , which reaffirms that police do not need a warrant to administer a breath test. Their reasoning being that the effort of a breath test is “no more demanding than blowing up a party balloon.” A person in this situation is able to refuse a breath test, but will typically lose their license for one year for their first offense, and face criminal charges on a second DUI refusal. However, the opinion stated that the revocation may be too lenient of a punishment, since one could potentially stand to gain by refusing to submit to testing. This could mean that more states may begin to treat refusal to submit to breath testing as a criminal offense the first time. On the other hand, the opinion took an opposite stance on DUI-related blood testing, writing that officers would need a warrant to conduct such a test since it is more invasive. The court stated that those who refuse to comply with this procedure should not face criminal penalties.
References: http://www.pnj.com/story/news/2016/06/24/refusing-dui-breath-test-could-become-criminal/86339150/
