U.S. Supreme Court Hears Argument in Important DUI Case that Could have Impact in Nevada
Last week, the U.S. Supreme Court heard oral arguments in the case Birchfield v. North Dakota. The case is about laws in 13 states that make it a crime for drivers to refuse breath or blood tests without a warrant when ordered to undergo such tests by a police officer. The cases the Supreme Court are reviewing were filed by drivers who were charged with a crime after they refused to take breath tests after being stopped for suspicion of driving drunk.
The law in general states that the police cannot search a driver or car after an arrest without getting a warrant. In 2013, the Supreme Court held that the police cannot obtain a person’s blood who is suspected of DUI in order to perform a blood test without getting a warrant first.
The Supreme Court is expected to make a decision on this important issue in June. If the Court finds the law constitutional, you can expect the Nevada Legislature to pass a similar law in Nevada.
At Nobles & Yanez, we defend DUI cases aggressively with an eye towards challenging every possible violation of the law by the police, from the point the police first stop a person until and through the person’s arrest.
Read a transcript of the oral argument: http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-1468_b97d.pdf