Can States Make it a CRIME to Refuse a Breathalyzer?
That is the question before the U.S. Supreme Court, as 3 drivers charged with drunk driving were also with the separate crime of violating their states’ “No Refusal Law”. Missouri is in the vast majority of states which have so such law that says it’s a separate crime to refuse to take a breathalyzer. But the drivers in the case now before the Supreme Court are from North Dakota and Minnesota, two of thirteen states which currently have “No Refusal” laws on the books. You may recall this blog discussing a similar case before the Supreme Court (in 2012) featuring...Read More