ROBIN VERA COLBERT v. STATE OF MARYLAND
Court of Special Appeals, Friedman, July 28, 2016,
DUI – Breath Test – TR 16-205.1 is a constitutional per se rule approved under the USSC opinion in McNeely allowing warrantless blood tests in certain fatal crashes
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DANNY BIRCHFIELD v. NORTH DAKOTA
WILLIAM ROBERT BERNARD, JR. v. MINNESOTA
STEVE MICHAEL BEYLUND v. GRANT LEVI, DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
Supreme Court of the United States, Alito, June 23, 2016,
DUI/DWI – The States may not criminalize refusal to take a warrantless blood test, but there is no right to refuse a breath test incident to a DUI/DWI arrest.
(Concur and Dissent – Sotomayor with Ginsburg – officers should have to obtain a warrant for both breath and blood tests)
(Concur and Dissent – Thomas – officers should not have to obtain a warrant for either breath or blood tests due to exigency)