Warrantless BAC Testing And Implied Consent Laws

The recent United State Supreme Court decision in the case of Birchfield v. North Dakota, may have an impact on your case, depending on the circumstances. That case involved a man who refused to submit to a blood test to determine his blood alcohol concentration. At the time, as in many states, North Dakota law made it illegal to refuse a blood draw. The law said that by driving on state roads the driver implied consent for the taking of a blood sample. The Supreme Court overturned these laws. It said that a blood test is so invasive that it requires express consent or a warrant.

Can The Police Draw Blood Without Permission?

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