Beylund v. Levi

Whether, without a warrant, a State can make an individual’s refusal to take a chemical test to check for intoxicants a criminal offense?

Petitioner refused to provide a breathalyzer sample when stopped by an officer, was arrested, and had a blood sample taken at a hospital. Petitioner was charged with driving under the influence of alcohol and his driving privileges were suspended. The North Dakota Supreme Court held that Petitioner consented to the blood sample under the state implied consent law. This law states that any individual driving within the state shall consent to a chemical test where an officer has probable cause that the individual is driving under the influence of intoxicants. The law also states that failure to consent is punishable as a criminal offense. Petitioner argues that the criminal penalties coerce involuntary consent to the chemical test. Petitioner asks this Court to consider whether chemical tests under the implied consent law provide for unconstitutional warrantless searches which violate the unconstitutional conditions doctrine of the Fourth Amendment.