Breath Tests Incident to Arrest are Reasonable but Prosecution for Refusing a Blood Test Goes Too Far
The U.S. Supreme Court waded into the murky waters of implied consent law this term in Birchfield v. North Dakota. The opinion it issued last week clarified important aspects of the relationship between chemical testing for impairment and the Fourth Amendment, but failed to distill a coherent theory of implied consent. Here’s what we know … Read more