In Birchfield v. North Dakota, the United States Supreme Court ruled that a warrant is required to obtain a blood test from a DUI suspect, and that a DUI suspect could not face criminal penalties for refusing to submit to a warrantless blood test. Birchfield did not address, however, what penalties could be imposed on a DUI suspect for refusal to comply with a search warrant for a blood test. Recently in Wyoming, DUI suspects who refused to comply with search warrants for blood tests were charged and found guilty of interference with a police officer. Similarly, under Illinois DUI law, a refusal to comply with a warrant for a blood test may result in an obstruction of justice charge. If you were charged with a DUI and refused to submit to a search warrant for a blood test, it is important to know what penalties you may face. A seasoned Illinois DUI attorney can advise you of what defenses may be available to the charges you face and assist you in obtaining a favorable result.
Wyoming Implied Consent Advisement
Two separate cases in Wyoming arose under similar facts and ended in the same penalties for the drivers involved. It was alleged in both cases that the defendants were stopped due to suspicion of DUI and refused to submit to chemical testing. Under Wyoming’s Implied Consent Advisement, police can obtain a search warrant for a blood test if a DUI suspect refuses to submit to a blood test voluntarily. In both cases the police obtained search warrants for blood tests, and both suspects subsequently refused to comply with the search warrants. While neither suspect was convicted of DUI, both were convicted with interference with a police officer for refusing to submit to their respective warrants for blood tests, and sentenced to jail time. Both cases were appealed and the appeals are pending.