Supreme Court to Review Laws Criminalizing DUI Refusal

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( — December 30, 2015) — Supreme Court to Review Laws Criminalizing Refusal of DUI Tests. The Supreme Court agreed this month to decide whether states can make it a crime for motorists suspected of drunken driving to refuse breath, blood or urine tests.

The argument is a consolidation of three separate cases from two states: Minnesota and North Dakota. Within these two states, refusing to be tested can be punished in the same manner as driving under the influence, even without ever being convicted of drunken driving.

The defendants in these cases say the laws are a violation of their Fourth Amendment rights which ban unreasonable searches and seizures, and are using Missouri v. McNeely as the foundation of their defense. In Missouri v. McNeely, the Supreme Court ruled that police must obtain warrants before drawing blood without consent when investing a drunk-driving incident.

Many states have avoided conflicting with the Fourth Amendment by defining driving as privilege, not a constitutional right. When someone chooses to drive, they are giving their consent to be tested as a condition of that privilege.

This conclusion of this case could have a long standing impact, as these types of indictments affect thousands of people a year.


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Chester & Lewkowicz is a Criminal Defense Law Firm dedicated to zealously defending clients on all misdemeanor and felony offenses. Attorneys Ira Chester and Melissa Lewkowicz believe in an aggressive, proactive approach in handling criminal cases. The firm represent clients facing charges in all State Courts within California. The head office is located in Los Angeles, California, minutes from the 10 Freeway.

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