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

  • Michael F. Niznik, Esq.
  • Dec 15, 2015
  • 1 min read

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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