US Supreme Court Verdict: Refusing Breathalyzer Is A Crime

(techtimes.com) - ...The impact of drunk driving on the country's roads is "grisly," killing thousands of people, injuring more, inflicting billions of dollars in property damage annually, Alito said.

A Centers for Disease Control and Prevention (CDC) report in August 2015 revealed that about 4.2 million people in the United States drive under the influence of alcohol at least once in a month. This translated to 121 million instances of drunk-driving in the country.

In the state of North Dakota, the situation is much worse. Records show that from 2005 to 2014, there had been about 112,998 people were killed because of drunk driving in the state.

"North Dakota has suffered more than its share of this carnage," state attorneys said.

The law in the state was passed after a drunk driver named Wyatt Klein, who had taken three shots of tequila and seven or eight bottles of beer, struck the car of Allison and Aaron Deutscher, instantly killing them and their daughter. Police said Klein has had a history of drunk driving violations.

Meanwhile, advocates praised the Supreme Court's decision to charge motorists who refuse a breathalyzer test with misdemeanor, emphasizing that breath tests are a "critical tool" to eliminate drunk driving.

"The Court recognized that breath tests are minimally invasive and confirmed that driving is a privilege, not a right," said Adam Vanek, the general counsel for Mothers Against Drunk Driving (MADD).

However, one defense attorney questioned the extent to which the safety of the public should negate civil liberties.

Criminal defense lawyer Doug Hazelton from Minnesota, who is a specialist in alcohol-related traffic offenses, acknowledges that drunk driving is a "bad thing," but he also adds: "Is the club so big you need to bend the Constitution, and ignore how big other [traffic] crimes are?" Hazelton mentions other offenses such as texting while driving and overspeeding. (Source)