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Full-Text Articles in Law
An Alcohol Mindset In A Drug-Crazed World: A Review Of Birchfield V. North Dakota, Devon Beeny
An Alcohol Mindset In A Drug-Crazed World: A Review Of Birchfield V. North Dakota, Devon Beeny
Duke Journal of Constitutional Law & Public Policy Sidebar
Birchfield v. North Dakota involved the ability of legislatures to criminalize a driver’s refusal to submit to a chemical test after a law enforcement officer arrested the individual for driving under the influence of alcohol or drugs. The driver’s argued this criminalized their constitutional right to refuse a warrantless search, while the governments’ argued they needed this power in order to effectively address drunk driving in their jurisdictions. The Court decided that refusing a breath test could be criminalized because requiring the test did not violate the driver’s constitutional rights, however the Court also ruled that because of the invasive …
Birchfield V. North Dakota: Warrantless Breath Tests And The Fourth Amendment, Sara Jane Schlafstein
Birchfield V. North Dakota: Warrantless Breath Tests And The Fourth Amendment, Sara Jane Schlafstein
Duke Journal of Constitutional Law & Public Policy Sidebar
In Birchfield v. North Dakota, the Supreme Court explored warrantless breath tests during DUI stops and their validity under the Fourth Amendment. To determine their constitutionality, the Court adopted a balancing test, weighing the government’s interest in preventing instances of drunk driving with the intrusion on an individual’s privacy. The Court ultimately concluded that warrantless breath tests are constitutional when conducted incident to a lawful DUI arrest. This commentary explores the Court’s reasoning and holding and will argue that the Court was correct in deciding that a warrant is not necessary for conducting a breath test incident to a …