The Eighth Circuit Considers Implied Consent, but I Still Haven't Found What I'm Looking For

I admit that I may have a problem. I am dedicated to (perhaps obsessed with) the pursuit of a legal theory that satisfactorily squares the doctrine of implied consent with the Fourth Amendment. A thousand Westlaw searches later, I have yet to find analysis such an analysis by a court. So I was a little surprised when the United States Court of Appeals for the Eighth Circuit explained earlier this summer that the Supreme Court determined more than thirty years ago in South Dakota v. Neville, 459 U.S. 553 (1983), that implied consent testing carried out under threat of license revocation comported with the Fourth Amendment. Did I miss something? I don’t think so, but you can judge for yourself. The facts of Wall v. Stanek, 794 F.3d 890 (8th Cir. 2015). Rebecca Wall was pulled over by a sheriff’s deputy for a traffic violation in the early morning hours of June 20, 2011.  The deputy who stopped Wall noticed that she smelled of alcohol and had poor balance. Wall failed multiple field sobriety tests and registered an alcohol concentration of .10 on a portable breath test. She was arrested for impaired driving and taken to patrol headquarters. The arresting officer asked Wall to consent to a urine or blood test to determine her alcohol concentration.  The deputy informed Wall that Minnesota law required her to take such a test, that refusal to take a test was a crime, and that she had the right to consult with an attorney before [...]