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Supreme Court To Decide DUI Cases

Dayton DUI Attorney Charles Rowland > DUI Law  > Supreme Court To Decide DUI Cases

Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.

As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution for a crime that carries the same punishment as a conviction for drunk-driving. In Minnesota, state law makes it a crime to refuse an officer’s request to take a chemical test for alcohol in the blood, if the individual has been validly arrested for drunk driving. The two cases involve either a blood or breath test.

The drunk-driving cases provide the Court with something of a sequel to its ruling in 2013 in Missouri v. McNeely, which left the clear impression that, if police have enough time, they should get a warrant before taking a test of a suspected drunk driver. The Court ruled that the natural dissipation of alcohol in the bloodstream does not always amount to an emergency situation that permits a DUI test without a warrant.

Stay tuned to this page for more on DUI cases that can have a major impact on your case and your life.
Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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