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SCOTUS: Should it be a crime for suspected drunken drivers to refuse a blood or breathalyzer test?

by AirTalk®

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The Supreme Court heard arguments Wednesday on whether a search warrant should be obtained to ask drivers to take a blood or breathalyzer test. Joe Raedle/Getty Images

(AP) The Supreme Court is expressing doubts about laws in at least a dozen states that make it a crime for people suspected of drunken driving to refuse to take alcohol tests.

The justices heard arguments Wednesday in three cases challenging North Dakota and Minnesota laws that criminalize a refusal to test for alcohol in a driver's blood, breath or urine even if police have not first obtained a search warrant.

Drivers prosecuted under those laws claim they violate the Constitution's ban on unreasonable searches and seizures. State supreme courts in Minnesota and North Dakota upheld the laws.


Adam Vanek,  General Counsel for Mothers Against Drunk Driving, which has filed an amicus brief on the case

Daniel J. Koewler, founding member of the DUI Defense Lawyers Association, which has filed an amicus brief on the case.
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