Birchfield v. North Dakota

A defendant, lawfully arrested for driving while intoxicated, cannot be convicted of a crime for refusing to consent to a warrantless blood draw to test his BAC, but he can be convited of a crime for refusing a breath test. Because a breath test does not implicate significant privacy concerns, an officer may perform such a test without a warrant, but because a blood test imposes more significant privacy concerns (especially with a less-intrusive breath test alternative), blood may not be drawn without a warrant via a search incident to arrest. Read.