On April 20, 2016 the U.S. Supreme Court heard Oral Arguments in Minnesota v. Bernard, as well as two relative North Dakota cases.
At issue in Bernard is whether the State can require drivers to provide a breath test sample when the State does not have a warrant, and where refusal of that test sample is criminalized by significant penalties, including jail time, as well as civil license related penalties.
The Court harped on the State’s lawyers as to why they don’t just get a warrant rather than asking the Court to make a new “bright line” exception, which It is not inclined to do.
There were distinctions suggested in oral argument between a blood and breath test, and all parties failed to point out that the blood tests are more accurate and preferable to the breath tests, which are not as reliable.
We are hopeful that the Court will not make any distinction between the two, and that It will require the State, in accordance with the 4th Amendment of the U.S. Constitution, to just get a warrant.