Just days ago, the United States Supreme Court agreed to hear three cases pertaining to field sobriety testing. Specifically, the Justices agreed to decide whether a blood or breath test can be taken without a search warrant; and, if there is no warrant, whether the individual can be charged for refusing to take the test. The three cases deal with a breath test, a blood test, and a DUI conviction based upon an individual’s refusal to submit to any testing.
These appeals can greatly affect the DUI laws in Pennsylvania and New Jersey – both states where a refusal to submit to a breath or a blood test can impact the individual’s driver’s license.
The current appeals will build off of the Court’s 2013 ruling in Missouri v. McNeely where it implied that police should get a warrant before taking a test if they have enough time.
Stay tuned for more information as the case is heard and the verdict is read.