Recently, the U.S. Supreme Court decided a landmark case concerning warrantless blood and breath tests. In Birchfield v. North Dakota the question before the U.S. Supreme Court was whether warrantless searches to test a suspect’s breath and blood were reasonable under the Fourth Amendment to the U.S. Constitution. The U.S. Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrest but not warrantless blood tests. According to the Court, blood tests are significantly more intrusive than breath tests. The High Court concluded that in order for law enforcement to conduct a search in the form of a blood draw they must first obtain a warrant. The only exception would be in cases where there are exigent circumstances or where an individual voluntarily consents to a blood draw. However, the U.S. Supreme Court indicated that there would be few situations where a court could find exigent circumstances because it is now easier and much quicker for law enforcement to obtain a warrant due to increases in technology. The High Court also found that even though alcohol naturally dissipates from the bloodstream this does not always constitute an exigency justifying the warrantless taking of a blood sample.
Nebraska is one of several states that have passed implied consent laws, which make it a crime to refuse to submit to a chemical test. In his opinion Justice Alito emphasized that implied consent laws are not the equivalent to voluntary consent. Writing for the majority in Birchfield, Justice Alito noted that “There must be a limit to the consequences to which motorists may be deemed to have consented by virtue of a decision to drive on public roads.” Justice Alito concluded that “ . . . motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense.”
Many counties in Nebraska still resort to blood testing. Thus, anyone requested to submit to a blood test by law enforcement is faced with a Hobson's choice: either submit to the blood test or be charged with a separate crime. Under these circumstances it would be difficult, if not impossible, for the State of Nebraska to prove an individual voluntarily consented to a blood test. Additionally, because it is now easier and quicker for law enforcement to obtain warrants electronically, there are very few, if any, exceptions to the warrant requirement in the context of a blood draw.
If you have been charged with DUI in Nebraska it is extremely important that you seek the advice of an attorney right away. Birchfield will have a significant impact on whether the State of Nebraska will be able to use a blood test against anyone accused of DUI at trial.
You can find more information about this historic decision by following the link to the U.S. Supreme Court blog at http://www.scotusblog.com/case-files/cases/birchfield-v-north-dakota/.
Nebraska is one of several states that have passed implied consent laws, which make it a crime to refuse to submit to a chemical test. In his opinion Justice Alito emphasized that implied consent laws are not the equivalent to voluntary consent. Writing for the majority in Birchfield, Justice Alito noted that “There must be a limit to the consequences to which motorists may be deemed to have consented by virtue of a decision to drive on public roads.” Justice Alito concluded that “ . . . motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense.”
Many counties in Nebraska still resort to blood testing. Thus, anyone requested to submit to a blood test by law enforcement is faced with a Hobson's choice: either submit to the blood test or be charged with a separate crime. Under these circumstances it would be difficult, if not impossible, for the State of Nebraska to prove an individual voluntarily consented to a blood test. Additionally, because it is now easier and quicker for law enforcement to obtain warrants electronically, there are very few, if any, exceptions to the warrant requirement in the context of a blood draw.
If you have been charged with DUI in Nebraska it is extremely important that you seek the advice of an attorney right away. Birchfield will have a significant impact on whether the State of Nebraska will be able to use a blood test against anyone accused of DUI at trial.
You can find more information about this historic decision by following the link to the U.S. Supreme Court blog at http://www.scotusblog.com/case-files/cases/birchfield-v-north-dakota/.
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