Fort Lauderdale Criminal Attorney Blog
The U.S. Supreme Court handed down an important Fourth Amendment decision recently in the case of Birchfield v. North Dakota, which dealt with warrantless breathalyzer tests and blood tests, ultimately invalidating implied consent laws that pertain to warrantless blood draws. 
Essentially, the court decided that while the government cannot require a person to submit to a blood draw without first obtaining a warrant, the government can require a person arrested for drunken driving to submit to a warrantless breath test.
The case was the result of consolidated appeals from three separate drunk driving arrests in which the defendants were prosecuted – or threatened with prosecution – for refusing to take a blood or breath test. Continue reading
