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US Supreme Court to decide if warrant necessary for blood or breath test

On Friday, December 11, 2015, the United States Supreme Court agreed to hear three cases, Birchfield v. North Dakota, Bernard v. Minnesota and Beylund v. North Dakota to determine whether blood or breath testing can be done without a warrant and, if there is no warrant, can an individual be charged with a crime for refusing to take such a test.  While refusing to take a breath test in New Jersey is not a crime, the Court’s decision in these cases could have a profound impact on prosecutions for driving under the influence in New Jersey and Pennsylvania.  updates will be posted as they become available.


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