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U.S. Supreme Court Takes DUI Appeals – May Have Profound Impact on Field Sobriety Testing

December 15, 2015

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.

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