DUI arrest

Supreme Courts Administers Opinion About DUI Tests

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/

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