The United States Supreme Court has said it will take up a case to ultimately
decide whether individual states can make it a separate crime for individuals
Driving While Under the Influence of Alcohol or Drugs to refuse to submit to a chemical test of their breath, blood, or urine
within the scope of a DUI investigation.
Lawyers for the defendants maintain that these laws violate Fourth Amendment
rights against unreasonable searches and seizures, and Fifth Amendment
rights against self-incrimination.
The Court is considering the issues on two cases on appeal from North Dakota
In 2013 the Supreme Court ruled in
Missouri v. McNeely that police officers investigating a DUI case must obtain a warrant before
taking a blood sample when a blood test is refused. Several states have
responded by making the test refusal itself a separate crime, punishable
by fines and even jail time, even if the individual is never charged with
the crime of DUI or is found not guilty of DUI at trial or the DUI is
In both Missouri and Kansas, drivers can already face a potential loss
of driving privileges for a minimum of one year on a
first-time refusal. In Kansas a refusal can not be charged as a separate crime if the individual
has no prior alcohol-related contacts, however your right to drive can
be suspended for one year, with additional restrictions on your Kansas
drivers license with the installation of an ignition interlock device
on your car.