Transportation Code · Birchfield v. North Dakota

Birchfield v. North Dakota

Birchfield v. North Dakota is covered under Birchfield v. North Dakota and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "DWI Procedure" on practice exams.

To prove this offense, the State must establish each of the following elements: Lawful DWI arrest; Breath test as search incident to arrest — no warrant required; Blood test — warrant required absent consent or established exception.

Elements you must prove

  • Lawful DWI arrest
  • Breath test as search incident to arrest — no warrant required
  • Blood test — warrant required absent consent or established exception

Practice 1 question on this topic

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Worked examples

Worked example 1

A breath test administered to a person arrested for DWI:

  1. Always requires a warrant
  2. May be administered as a search incident to a lawful arrest without a warrant under Birchfield v. North Dakota (which distinguishes breath from blood for warrantless purposes) Correct
  3. Is never admissible
  4. Requires the suspect's written consent
Why: Birchfield held that warrantless breath testing of DWI arrestees is permissible incident to arrest, but warrantless blood testing is not. (Texas implied consent still applies, but constitutionally a warrantless breath test post-arrest is permissible.)
Statute: Birchfield v. North Dakota, 579 U.S. ___ (2016)