DUI Blood Test Refusal Waiver

Published: May. 21, 2018 at 8:09 PM CDT
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In 2013, North Dakota criminalized refusing to take a blood, urine or breath test after being arrested for driving under the influence.

A case taken to the U.S. Supreme Court in 2016, now gives people who pleaded guilty of refusing to consent to a blood test a chance to waive it.

Officers test DUI's through field sobriety tests, a breathalyzer, a urine or blood test.

In 2013, North Dakotans would be charged with refusal if they did not want to comply with these requirements.

Danny Birchfield's case, changed this.

"If an officer tries to get a blood test, you cannot be charged with a crime for refusing that blood test anymore," said defense attorney Chad McCabe.

The United States Supreme Court ruled this unconstitutional under the Fourth Amendment after the Birchfield case was brought to their attention, where a man was charged for refusing a blood test.

"The U.S. Supreme Court said breath testing was acceptable because that was a search incident to an arrest. But blood testing required a search warrant. And so, because of that, you could not be charged with refusal of a blood test as a crime of DUI," said McCabe.

Anyone who pleaded guilty to refusing a blood test since 2013, can waive it until *THIS* June.

McCabe says if you think this applies to you, to contact an attorney so they can tell you if your case fits the Birchfield parameters.