A NEW JERSEY DWI DEFENSE LAW FIRM
CALL US FOR A FREE CONSULTATION
877-735-2288
Levow DWI Logo
MENU

US Supreme Court Reviews The Constitutionality Of Implied Consent Laws

By Evan Levow
 on 0606/2828/16161616
 in the category:
US Supreme Court Decides Constitutionaliy of Drunk Driving Laws

The US Supreme Court is currently considering the constitutionality of implied consent laws after hearing several cases pertaining to these controversial DUI laws in Minnesota and North Dakota.

Implied Consent Laws: A Heavily Debated Topic In The US

All 50 US States have implied consent laws which require a driver to submit to certain chemical tests (breath, blood or urine) if lawfully arrested for suspicion of driving while intoxicated.

These chemical tests are used to estimate a driver’s level of intoxication by calculating their blood-alcohol concentration (BAC). The results from these chemical tests can be used in a court of law to prosecute a driver suspected of driving under the influence of alcohol and/or drugs.

Proponents of implied consent laws argue that these laws are necessary in order to catch and prosecute drunk drivers. But opponents argue that these laws are unconstitutional by fundamentally violating the Fourth Amendment which protects citizens from unreasonable searches and seizures.

What Happens If You Refuse A Chemical Test?

By refusing to submit to a chemical test, a driver faces minimum penalties which usually include a suspended driver’s license and can include additional penalties.

For example, the minimum mandatory sentence for refusing to submit to a chemical test in New Jersey is a seven month license revocation and a fine of between $300 - $500.

Are Implied Consent Laws Constitutional?

This is the big question...

Drivers and DWI defense attorneys throughout the country have been fighting these laws for decades, arguing that these laws are unconstitutional and violate an individual’s rights under the Fourth Amendment and Fifth Amendment.

After recently hearing cases involving implied consent laws in Minnesota and North Dakota, the U.S. Supreme Court is reconsidering the constitutionality of these laws throughout the nation.

Progress has already been made in some states which have decided to reverse implied consent laws.

For example, on February 26th, 2016, the Kansas Supreme Court ruled Kansas’ implied consent law to be unconstitutional and reversed the law which had required drivers in Kansas to submit to chemical tests without a court-ordered warrant.

It is important to know that drivers in Kansas can still be required to submit to chemical tests after being arrested for DUI, but only if police obtain a warrant.

The US Supreme Court is expected to reach a decision about implied consent laws within the next few months.

CALL US FOR A FREE
CONSULTATION
(877) 735-2288
FREE CONSULTATION
  • This field is for validation purposes and should be left unchanged.
Evan Levow - instructor of field sobrietyState V. Chun Button
CALL US FOR A FREE
CONSULTATION
(877) 735-2288
Evan Levow
Date Published: June 28, 2016
Evan Levow is the managing partner of Levow DWI Law, which is a Tier 1 DUI/DWI Best Law Firm. Evan Levow has argued before the New Jersey Supreme Court on landmark DWI breath testing cases such as State vs. Chun. He is also the President Emeritus of the 600 member DUI Defense Lawyers Association.
Home » US Supreme Court Reviews The Constitutionality Of Implied Consent Laws
Levow DWI Logo
(856) 428-5055
A New Jersey DWI Law Firm.
1415 Marlton Pike East, #400
Cherry Hill, NJ 08034
Get Directions
FEATURED FIVE STAR TESTIMONIAL
"GO WITH EVAN! Evan got my DWI dropped completely. It still amazes me how he was able to do so, considering my personal circumstance. But if you are considering Levow DWI Law, go with them."
Levow DWI Law Reviewed by KL on Jan 6
Rating: 5.0 ★★★★★
Copyright 2021 Levow DWI Law. This website is to be considered as attorney advertising. Use of this website does not form an attorney-client relationship. Our headquarters is in Cherry Hill, NJ. All other offices are by appointment only.