Florida Supreme Court To Hear Arguments On Breath Tests

May 31, 2016

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Today, the Florida Supreme Court announced it will hear arguments regarding the U.S. Constitution and breath tests.

In October 2013, an officer pulled over William Williams in Volusia County for suspected driving under the influence. When he refused to take a breath test, Williams was arrested.

According to the state law, one can be arrested for refusing a blood alcohol level test. Williams' lawyers argue this law violates the Fourth Amendment of the U.S. Constitution.

The amendment provides:

[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Cornell University Law School)

Williams' lawyers argue this law specifically violates the protection "against unreasonable searches and seizures."

The 5th District Court of Appeal ruled for the law. Now, the Florida Supreme Court will hear arguments on Sept. 1.

Credit Screenshot from the Florida Supreme Court Case Docket