Tag Archives: DUI

Fourth Amendment allows warrantless breath test, but not blood test.

US Supreme Court bolsters DUI laws by asserting that a warrant is not required to obtain breath test incident to DUI arrest. The judges equate this to a search of a person after arrest and that it is not a significant intrusion of privacy or person. On the other hand, the judges say that blood tests require piercing the skin, thus are more intrusive and give law enforcement a sample from which more information can be extracted. See Birchfield v. North Dakota, Oct. Term, No. 14-1468.