Transportation Code · U.S. Supreme Court, 2016

Birchfield v. North Dakota

Birchfield v. North Dakota is a 2016 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

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

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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)