Do DWI Suspects Have a Right to the Least Intrusive Chemical Test?
Published for NC Criminal Law on March 10, 2016.
In its seminal opinion establishing the State’s right to withdraw blood from a DWI suspect over his objection and without a warrant when there are exigent circumstances, the United States Supreme Court left a significant question unanswered. The court in Schmerber v. California, 384 U.S. 747 (1966), noted that the petitioner “is not one of ... Read more
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