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ND Drunk Driving/Refusal Case to be Reviewed by U.S. Supreme Court
Despite the 2013 U.S. Supreme Court decision upholding Missouri v. McNeely and essentially protecting operating while intoxicated (OWI) defendants nationwide from being forced to take blood tests without their consent unless police have a warrant, 13 states, including North Dakota and Minnesota, have made it a crime to refuse to take such a test. The United State's Supreme Court has agreed to hear cases on whether it is a constitutional violation to criminalize refusal to submit to warrantless blood tests. The two leading cases include Birchfield v. North Dakota and Bernard v. Minnesota.