Does the U.S. Constitution permit a state to make it a crime to refuse to submit to a blood-alcohol test after being arrested for DWI? The U.S. Supreme Court concluded that it did not. The statutes are unconstitutional. They held that the Fourth Amendment does not prohibit warrantless breath tests after a DWI arrest but prohibits warrantless blood-alcohol test after being arrested for DWI. More specifically, the exception to the general requirement of a warrant, allowing warrantless searches after lawful arrests, extends to breathalyzer tests, but NOT to blood-alcohol testing.
For more see this link at my other blog, crimelawandjustice.blogspot.com
http://crimelawandjustice.blogspot.com/2016/06/good-supreme-court-decision-on-blood.html
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