Justices Noted Validity of Both Sides
Several justices seemed to favor a requirement for warrants. Justice Anthony Kennedy said to the attorneys arguing for the government, “You’re asking for us to make it a crime to exercise what many people think of as a constitutional right.” Chief Justice John Roberts noted that warrants are required for cellphone searches even though there may well be “at least as many accidents caused by people texting while driving as drinking while driving.”
Three justices made points indicating that they may be leaning towards the states’ position. Justice Samuel Alito asserted that people don’t want to submit to a Breathalyzer not because they object to “blowing into a little straw,” but because “they don’t want their blood alcohol measured.” Justice Stephen Breyer asserted that Breathalyzers “can save a lot of lives” and are only used where police have “at least reasonable suspicion” that someone is driving drunk.
It’s essential to know your rights under your state’s laws if you are pulled over for suspicion of DUI. If you are charged, an experienced criminal defense attorney can provide valuable guidance and work to protect your rights.