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Warrantless DUI Urine Tests Argued in ND Supreme Court

By June 26, 2017 No Comments

The North Dakota Supreme Court recently heard arguments on the issue of warrantless urine tests in DUI cases, reports the Bismarck Tribune. Earlier this year, a district judge dismissed a ND defendant’s DUI test refusal charge and wrote in his dismissal order, “The state’s interest in performing chemical tests to combat drug-impaired driving, while strong, does not overcome a person’s Fourth Amendment right to be secure in his or her bodily fluids, urine included.” Disagreeing with this conclusion, the state stated in its brief to the Supreme Court, “Put simply, urine testing is integral to deterring drug-impaired driving.” It called urine testing “least intrusive means for detecting drug-impaired drivers.” Last year “the U.S. Supreme Court ruled in favor of warrantless breath tests in drunk driving cases but said the Fourth Amendment doesn’t permit warrantless blood tests, a more invasive procedure.”