The US Supreme Court is reportedly to update its DUI procedures. The plan is to revise the refusal of alcohol, breath, and blood tests of a person who is charged of a drunk driving case.
As per recent reports, the US Supreme Court is taking into consideration if a person can be charged with a crime for rejecting an alcohol, breath, or blood test in case the police does not have a search warrant.
The higher court is now weighing whether the US states can possibly make it a crime for those drunk-driving suspects to refuse the three types of tests. Moreover, there were three cases taken from North Dakota, Minnesota, and 11 more states, which have "implied consent" laws that oblige motorists to have their alcohol, breath, and blood sample.
If a policeman believes that a person is intoxicated while driving, then he will be able to require the driver to secure any of the three tests even without a search warrant. In case the driver refuses to do so, it will be taken against him or her.
On the contrary, the lawyers of the challengers believe that this law being implemented violates the Fourth Amendment to the US Constitution. This is because policemen cannot do unlawful searches without having a search warrant first.
Furthermore, a conviction on DUI could lead to a fine up to $14,000 and seven years in prison under the Minnesota law. On the other hand, the first refusal to take any of the three tests will be a misdemeanor offense in North Dakota.
On the whole, the criminalization of those who refuse to take the tests, which are believed to be under the influence of alcohol, is creating a buzz in some of the US states. Some are in favor of this new DUI law, while others are not. Hence, the decision is still in the hands of the US Supreme Court.
