26Feb 2016

Constitutionality of DUI Test Laws Come Before Supreme Court

Minnesota has made it a crime to refuse a DWI test. So, if you are suspected of DWI and refuse, say, a breathalyzer, you will be arrested and charged with a crime. What is before the Supreme Court here is the following issue: Since a breathalyzer is a "search" being conducted without a warrant, is it legal? The Supreme Court will hear arguments pro and con and render a decision sometime this summer. What is at stake is very important. If the Court allows the law to stand, then other states will certainly follow in making the refusal of a breathalyzer (or blood) test a crime. This is not something we can call our congressmen about. We will have to leave it to the Court to determine whether or not this should be allowed under the Unreasonable Search clause in our constitution. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call The Law Office of C Jordan Handy for aggressive and experienced legal defense.